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I was charged with a Dui and spent 8 hrs in jail after submitting to a blood test.It took ten months to get it back and all it

Murfreesboro, TN |

showed was tramadol which in used for inflamation.my lawyer told me if we went to trial that they would find something proving a Dui. so it got reduced to a wreckless and failer to obey a traffic device.so i got put on 6 months probation. i dont feel like he did me right it should have been dismissed.i need help he also handled my ss disability and did not submit all new evidence .every thing was from 2 yrs ago .then i tried to retain a new lawyer and he failed to produce a waiver from to him when i faced him he admitted he didnt know what form he needed

i need to know if i should report him and/or get representation against him?

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Attorney answers 4

Posted

I can't answer as to the Social Security representation but as to the DUI, it sounds like your lawyer did a good job. He got your DUI dismissed. As to the remaining charges, you would have been advised by the Judge that you have a right to a trial by jury and the right to cross examine any witnesses that the State brought against you. I assume you were advised by your attorney that the state could prove DUI by the way you were driving, possible smell of alcohol, how you appeared in the DUI video if any, and many other things including the arresting officer's observations about you. Based on that information you could have been convicted of DUI but instead chose to plead guilty to the lesser charges of reckless driving. Your choice to plead guilty and not go to trial. So if this is correct then it sounds like there isn't much to complain about your lawyer's representation. Regardless, if you wish to file a complaint, you can do so with the Board of Professional Responsibility. If you wish to sue him for malpractice, you must do so within one year of your date of arrest. If you wait beyond that time, your claim may be barred by the TN statute of limitations.

Nothing in this communication should be construed as creating an attorney-client relationship. I provide this service for educational purposes only. I will take no action on your behalf unless you have hired me and a written retainer agreement is signed. I am licensed only in Tennessee and I strongly suggest you consult with an attorney in your city and state as Statute of Limitation deadlines can limit your recovery.

Posted

If you feel your lawyer was negligent in his representation, you may contact the Tennessee bar association. You should make sure that your information is correct since the bar will contact the attorney and get his side of the story too.

As to the waiver for the SS claim: If the case was denied and no appeal is being processed then the lawyer connection to your case has ceased. He has no claim to a new filing. That becomes an entirely new action and he is owed nothing on the case. If he continues to block your attempts to file a new case with a new attorney, you may contact the bar and also the SS administration. In order to perform SS advocacy an attorney must be authorized by SS to do so. Complaints against attorneys to SS are taken very seriously.

As far as contemplating a malpractice action, it will probably not be worth your time. Malpractice requires that the attorney acted negligently and but for his actions the outcome would have been different. With SS that would be almost impossible to prove and the plea bargain is always a crapshoot. No one can predict how such a case would turn out.

John J. Carney

John J. Carney

Posted

Do you really want to advise a person who you have not spoken with or had the opportunity to investigate the matter to go as far as to "contact the bar association." That seems like it would cause the lawyer a great deal of grief and the likelihood is the at the lawyer got a good plea and the client has no idea at all if it was a good plea or if he should have risked a trial. I hope that no one here advises a client to report you to the Grievance Committee or Bar Association just because hey are not sure if they should have taken your advise...think about it please.

Clint Curtis

Clint Curtis

Posted

If the client feels he has a grievance it is unethical to not direct him to the bar association. It does the public and the profession no good to blindly make a determination that the client is wrong and the attorney is right. That is something best left to the bar. The question the person asked was "I need to know if i should report him and/or get representation against him?". The only fair answer to the asker is to tell him how to do so if he feels he has been wronged. The bar is not the attorney's enemy and will make a fair determination based on the facts of the case. I know several bar's investigators across the country and they are good people who do their best to render impartial decisions. Whatever inconvenience it might cause the attorney in question is well worth it, if the result is that the public knows that their grievances can be addressed and the lawyers will not simply stick together.

Posted

Your lawyer is right. The presence of Tramadol could have been enough to convict you of DUI. DUI includes substances other than alcohol.

As for your lawyer not withdrawing from your SS case, it's probably because he put work into the case for which he wanted to be paid. Your old lawyer and your new lawyer will need to submit Fee Petitions to the judge that decided your case. Assuming you won, the judge will decide who is entitled to how much. You are given notice of the decision and are allowed to appeal if you disagree.

It doesn't sound like your lawyer did anything improper or unethical, in my opinion.

If you would like a consultation, call (865) 522-9000 to make an appointment. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Posted

You cannot expect a lawyer here to second guess your lawyers advice just because you think it was not sound based on your extremely limited knowledge and experience with such complex legal issues. You should have a lawyer look into the matter for a fee if you really doubt the advice of your lawyer. That will take several hours of investigation and probably a fee of $900 or more if you want a proper answer. No other lawyer can tell you what you should have done without looking at the paperwork, your record, the blood test results, the police report, and other documents. The odds are that your lawyer was right and you could have been convicted of a DUI and it was best to take the plea. You are not allowed to take any medication, legal or illegal, prescription or not which will impair your ability to operate a motor vehicle.

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