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If already hired a criminal defense lawyer, will another lawyer agree to a consultation?

Houston, TX |

I have paid a criminal defense lawyer full asking price and have heard no answers on the case and trial is around the corner, what do I do if the lawyer wont respond to me and provide me with updates, still no plea deal and it's been almost a year. Pretty much wiped out my account to pay the lawyer upfront for best representation possible, the charges are serious! Do you fire the lawyer even though time is running out, what about the $25k already paid for representation? I have no contract agreement with attorney and no detailed invoice.

Attorney Answers 5

Posted

Sounds bad. Real bad. Put all of this in writing to your existing attorney, and cc: the Court. with CM/RRR so you're sure s/he sees it and formulates some pointed questions for your Attorney.

I disagree with the comment of the other attorney, regarding the ability of one attorney to speak with the client of another. If you approach them, seeking to fully exercise and assert your rights, I do not believe they violate a disciplinary rule in speaking to you. For them to go further than that wihout a withdrawal and substitution would be a problem for them.

It is certainly the case that speaking as an attorney to a party who is adverse to an existing client of your own, when you know that party to be represented. is prohibited. It is less clear cut when the "other attorney" is not adverse to the client. It happens all the time on the criminal defense side of the bar. We often represent other people's clients (fill in for the atty of record). If we violated a disciplinary rule by doing so, we would rapidly de-populate the municipal and JP courthouses around here.

Again, you should certainly inform your current attorney of your intention to seek out other counsel and their advice. That will put a little fire to his/er feet, as well. We are hearing only your side of the story. There is another side. Whether that story is meritorious or not cannot be ascertained by what you have said so far.

There is no easy answer to the questions you are asking. My suggestions are just the first steps in that unhappy process. Get them to talk to you. $25K is a lot of money. that should buy some access. Getting it back won't be made easier by firing them without saying you are thinking about it, first.

This answer is in the nature of general information only and does not constitute legal advice or the formation of an attorney-client relationship.

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1 found this helpful

4 lawyers agree

3 comments

Asker

Posted

I am so glad you can understand my concern and frustration. I did not have that kind of money just sitting in my bank account; it took a lot of sweat and tears to raise that money in such a short period. I wanted to show the lawyer my seriousness for the best representation, although I was given the opportunity for a payment plan, I paid in full. Do you think I could possibility hire a lawyer who could not only defend this criminal case, but also hire the same lawyer to help get some of my money back? Is this even possible? I know I am asking for a miracle here…… I am stuck between a rock and a hard spot. Please let me know if you would rather discuss on the phone. Thank you for your assistance in this matter.

David R. Lee

David R. Lee

Posted

You would do better to hire specialists in each discipline. You may wind up - you're jumping the gun, now - suing your atty to get your $ back. Wouldn't it be better if you could just get them to "act right."? The Court is apt NOT to be understanding of any new atty's desire to get up to speed before your imminent jury setting. Write the letters and see what happens. Then go wild, file greivances, sue for malpractice/damages etc. if that's what suits you. Your chief concern is this upcoming trial, and the long term effect that a conviction there would have. You have urgent work to do. Get after it.

Asker

Posted

My concern in regards to writting a letter to the lawyer is upsetting the lawyer, getting on the lawyer's bad side is by all means what I was trying to avoid. I need the lawyer to fight! I am scared once I raise my concerns and complaints the lawyer will not fight as hard in trial! I will be careful and try to work this issue out as best as I can. I am sorry to continue on venting, but thank you for all of your help. It's an unfortunate situation.

Posted

Lawyers are barred by the rules of ethics to communicate with represented persons without the consent of the lawyer providing the representation. Either your retained lawyer must consent in writing for the communication to take place or you must terminate the relationship with that lawyer and show proof of such to the new lawyer before the new lawyer will take your case on and discuss the details with you.

Provided by the Law offices of Caryn S. Fennell, P.C. 770-479-0248 No attorney-client relationship is intended to be created through the comments provided on this website.

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1 lawyer agrees

48 comments

Mark W. Bennett

Mark W. Bennett

Posted

Nonsense. Ignorant twaddle. Read the rules. A client is free to consult with a new lawyer without the consent of the old lawyer. The new lawyer need not—indeed, must not, without the client's consent—reveal to the old lawyer that the client has done so.

Caryn S. Fennell

Caryn S. Fennell

Posted

Hey retard..... no reason to be a jerk!

Mark W. Bennett

Mark W. Bennett

Posted

For shame, Caryn. http://bit.ly/19UzjQx

Caryn S. Fennell

Caryn S. Fennell

Posted

To make it very clear... The question was: Should I consult alternate Counsel because I paid $25, 000.00 to a lawyer without a contract, I do not know his strategy (for what appears to be a very serious set of charges whereby $25,000.00 defense would not be at all unreasonable), I have not fired him and he does not know I am considering alternate counsel. Texas Rules of Professional Conduct, Rule 4.01 sets forth as follows: (a) In representing a client, a lawyer shall not communicate or cause or encourage another to communicate about the subject of the representation with a person, organization or entity of government the lawyer knows to be represented by another lawyer regarding that subject, unless the lawyer has the consent of the other lawyer or is authorized by law to do so. (b) In representing a client a lawyer shall not communicate or cause another to communicate about the subject of representation with a person or organization a lawyer knows to be employed or retained for the purpose of conferring with or advising another lawyer about the subject of the representation, unless the lawyer has the consent of the other lawyer or is authorized by law to do so. (c) For the purpose of this rule, "organization or entity of government" includes: (1) those persons presently having a managerial responsibility with an organization or entity of government that relates to the subject of the representation, or (2) those persons presently employed by such organization or entity and whose act or omission in connection with the subject of representation may make the organization or entity of government vicariously liable for such act or omission. (d) When a person, organization, or entity of government that is represented by a lawyer in a matter seeks advice regarding that matter from another lawyer, the second lawyer is not prohibited by paragraph (a) from giving such advice without notifying or seeking consent of the first lawyer. And paragraph 2 is governed by Rule 7.01 which provides that: Sub-paragraph (a)(4) recognizes that comparisons of lawyers' services may also be misleading unless those comparisons "can be substantiated by reference to verifiable objective data." Similarly, an unsubstantiated comparison of a lawyer's services or fees with the services or fees of other lawyers may be misleading if presented with such specificity as would lead a reasonable person to conclude that the comparison can be substantiated. Statements comparing a lawyer's services with those of another where the comparisons are not susceptible of precise measurement or verification, such as "we are the toughest lawyers in town", "we will get money for you when other lawyers can't", or "we are the best law firm in Texas if you want a large recovery" can deceive or mislead prospective clients. MY POINT, MARK, is that it is better practice, of an ethically operating lawyer, to submit that the client inform his retained counsel that he is seeking a second opinion and try to resolve the issue with the first lawyer and possibly even consent to permit him/her to speak directly with the second lawyer so the second lawyer knows what they are dealing with. Often clients do not understand the depth and breadth of a Defense strategy and, for example, misinterpret the lack of immediate results with a lack of work by the first lawyer. At the end of the day, the first lawyer is actually spot on with their strategy and it would be a fools errand for the client to leave for the second lawyer and the second lawyer could end up inadvertently violating Rule 7.01. I see Mark, that in your effort to run around AVVO and slap people, and post to your blog page, that you fail to outline all of the information, which makes your partial commentary fairly useless and "ignorant twaddle" as you mentioned. Perhaps if you provided a full assessment, then it would bear more credibility your answers and criticisms of others.

Caryn S. Fennell

Caryn S. Fennell

Posted

Any by the way, it was absolutely improper for me to use the word I chose, although calling someone ignorant is not much better, especially when you yourself fail to provide all of the information needed while simultaneously calling someone else ignorant. Perhaps we could all choose better words to describe others.

Mark W. Bennett

Mark W. Bennett

Posted

What might be lost to the lay reader in your 500-word backpedal of mumbo-jumbo is that your initial advice, "Lawyers are barred by the rules of ethics to communicate with represented persons without the consent of the lawyer providing the representation" is nonsense, as is the rest of your original answer. Since you're advising a defendant on what a lawyer may do, and not advising a lawyer on what a lawyer should do, your advice is dangerous to the original poster, who might have been ripped off and might need to change lawyers post haste (or might not). Your answer is the one that lawyers who are afraid their clients will be "stolen" give. You got caught giving bad advice in a place where your advice isn't required in the first place; you got your feelings hurt. Get over it. Stop digging. But never mind all that; let's talk about how you think it's okay to slur the intellectually disabled.

Mark W. Bennett

Mark W. Bennett

Posted

P.s. Your reference to 4.01 should be to 4.02 and your reference to 7.01 should be to 7.02. Is someone forcing you at gunpoint to do this?

Brian Lee Tannebaum

Brian Lee Tannebaum

Posted

Caryn Fennell., in addition to the wrong advice you gave here, and in addition to calling another lawyer a "retard" for calling you out on giving bad advice, why do you mislead people on your website by saying you have "15 years of business and professional experience when you've been admitted to the Georgia Bar for 3 years? http://www.gabar.org/MemberSearchDetail.cfm?ID=NzIzMzI2

Mark W. Bennett

Mark W. Bennett

Posted

Our responses crossed paths. I'm glad you recognize that using "retard" as a slur is at least a little bit wrong, though by saying that calling someone ignorant is not much better it seems to me that you try to minimize and justify it. And no, I didn't call you ignorant. The "twaddle" is your advice. You are probably quite knowledgeable about something other than the ethical rules.

Caryn S. Fennell

Caryn S. Fennell

Posted

OK Mark, since you are the ALL KNOWING perfect specimen of a lawyer then we shall all relent to you. I really wonder what it takes to sit in such a place of judgement. I am thinking PERFECTION as that is the only way one could really live in a glass House....And, since you are clearly incapable of knowing when to stop running your mouth. AND FOR YOUR INFORMATION, MR. I AM SO INFORMED TANNEBAUM. I have 15 years of business and professional experience. Is it really that hard for you to read and understand the English language. Exactly how is that misleading ---- the words on the page are fairly clear. .... How about you give that one another try!

Caryn S. Fennell

Caryn S. Fennell

Posted

And Mark, I am really glad you went out and read the rules.... good for you 4.02 and 7.02. Well done!!!! Now, let me finish my statement. Since you are incapable or knowing when to stop talking, then I will bow out as it is clear your only agenda is to promote your all-knowing blog whereby you like to convince others that you are an example of perfection. Again, you should be really careful -- eventually everyone's flaws are exposed and I would bet money on the fact that you have probably made some mistakes in your life. I hope that someone brings attention to them in grand fashion as that is apparently the only way your ego will ever fall off its pedestal. Good day! Go Falcons.

Caryn S. Fennell

Caryn S. Fennell

Posted

Mark Bennett loves to bash other lawyers such as Andy Nolen for allegedly posting negative comments about lawyers at Yahoo reviews or other places online. Now Mark engages in the same practice himself. Search Mark Bennett at Bennett and Bennett and you will see a flurry of recent blog posts bashing Tyler Flood for an article in the Houston Press. Good reputation.....

Caryn S. Fennell

Caryn S. Fennell

Posted

let me give credit for that ..... http://houstondwidefender.com/2009/11/guerilla-blog-tactics-by-mark-bennett-against-tyler-flood/

Brian Lee Tannebaum

Brian Lee Tannebaum

Posted

Caryn, you seem angry. While I understand you are trying very hard to establish yourself as a resource for clients on Avvo, you should really look at your answers here, your ALL CAPS rants, and realize that you don't really look like someone who clients should consider when hiring a lawyer. As for your "15 years of business and professional experience which I am told is in selling insurance, I would just be a little more candid with prospective clients and tell them that the 15 years was not as a lawyer. It appears misleading, which sometimes happens when you are a 3 year lawyer trying to convince people you've been practicing longer. I note your website doesn't state your date of admission. Why is that?

Caryn S. Fennell

Caryn S. Fennell

Posted

No, Tannenbaum, I am not angry. I checked with my Bar Association before creating my page.. In fact, they approved the language. So, I have no reason to be angry. .... I could ask you the same thing about your website... You know your friend Mr. Weiss, his page says "brings over 28 years of city, county and local government law experience to the firm" and says nothing about when he was admitted. You carry some big stones in your hands for a guy who has his own webpage with a partner who has the same issues you criticize me for. How about you fix your own problems first --- and BTW there is no requirement to place an admission date and there are plenty of resources, that provide the admission date, including the page you referenced.

Mark W. Bennett

Mark W. Bennett

Posted

Hey, if you want to hitch your wagon to Andy Nolen, who was leaving false anonymous reviews for other lawyers online, I'm good with that. It fits with the level of ethical expertise you've demonstrated. http://kennedy-law.blogspot.com/2009/08/im-calling-you-out-andy-nolen.html

Brian Lee Tannebaum

Brian Lee Tannebaum

Posted

Caryn, now I realize your problem, you're just so angry you can't think straight. There is nothing unethical about not putting your Bar Admission date on a website. Young lawyers hope for this because if they are less than 5 years out they don't want to say that, they'd rather say that they have "15 years of business and professional experience," which is misleading. As for Mr. Weiss, I trust you see his picture, does he look like he's less than 5 years out, or that he's 64 years old? I'm just glad I and others here know plenty of other lawyers in Georgia to refer our clients.

Caryn S. Fennell

Caryn S. Fennell

Posted

Well, Mark, it seems as though you have an axe to grind, which is fine. You want to make a capital case out of the advice I gave someone over a year ago because I told them it be unethical for a lawyer to give advice to a represented person even if that person is asking for advice as a 2nd opinion, then that is fine. You seem to enjoy yourself immensely and take great pleasure in fulfilling your need to point out everyone's "ignorant twaddle" .... Far be it from me to be the person to take that pleasure from you. I do hope you move out of that glass house before someone figures out that you have your own flaws. It is usually the ones busy pointing out other’s flaws who eventually fall the hardest from their perch. I am thinking that one day some of your very own “ignorant twaddle” will make a huge splash as it is near impossible for such critics to hide their own mistakes for long. Good luck with your plight in life to eradicate the world of “ignorant twaddle”

Caryn S. Fennell

Caryn S. Fennell

Posted

Oh wow, Brian - did you just use the "he looks old so he does not have to post an admission date” card? Seriously? How exactly does his picture have anything to do with the discussion? Wait, I get it, you are arguing that because he looks old then one should infer that he is an experienced lawyer? I am 42 years old, with now 18 years of professional and business experience. I, like your friend Mr. Weiss, do not look like a recent graduate. But, I am certain that if I posted my picture, like your friend, then you would then accuse me of misleading someone because I look like I am more experienced than my admission date suggests, right? Goodness... that is fantastic circular reasoning. That is probably the most bizarre argument I have heard in a while.

Brian Lee Tannebaum

Brian Lee Tannebaum

Posted

And yet you still won't say why you don't have your admission date on your site. I didn't expect you to understand anything here, clearly you haven't. I just pray for your clients, current and potential.

Mark W. Bennett

Mark W. Bennett

Posted

No, I can't eradicate all ignorant twaddle, but I can do my little part. I've written 850,000+ words on Defending People. Frequently I screw up; when it's pointed out to me, I don't get defensive and call people names. I don't write screeds that twist the question and rationalize why I wasn't really saying what I was saying so that I wasn't wrong. Instead I sincerely thank those who have shown me the error of my ways, correct the error, and ensure that it doesn't happen again. Being shown to be wrong is awesome, because it means I won't be wrong the same way again. And I'm not pretending to be perfect, so being corrected publicly doesn't bother me the way it apparently bothers you. You screwed up; so what? Nobody expects you to be perfect. I didn't "make a capital case" of it. It's only your foolish response that made this a story. Take it as a learning experience. Your clients expect you to act with wisdom and prudence. If you acted on behalf of a client as you have behaved on your own behalf here, your client would be justified in seeking other counsel.

Caryn S. Fennell

Caryn S. Fennell

Posted

Brian, thanks for praying for my clients. I deal with some very serious cases, where children are very seriously abused and severely neglected. I deal with cases whereby fathers are falsely accused of aggravated child molestation because of mothers who prefer to alienate them than co-parent the children. I have children who were forced by their mother to live with the corpse of a dead teenager for days before the State intervened. My client’s need your prayers, but certainly not because I did not post my admission date on my website. Quite than your inaccurate generalization that I am misleading clients by not revealing my admission date on my webpage. I tell everyone who comes into my office that I am a 3 year lawyer, and I tell them that although I have opened 650 case files since opening my practice on the same day I obtained my bar license three years ago, that they could certainly find more experienced people on the square to represent them if my "years" of experience makes them uncomfortable. I tell each and every one of them that what I lack in experience I make up for in very long teeth, which matters to some people. I work every case with diligence and commitment, which is more than I can say about some colleagues who have been doing this so long that they lost their sense of zealous advocacy and care more about their paycheck than aggressive representation. On another note, I have reached a very favorable result on the vast majority of my cases, including some very difficult and complex custody cases. My track record speaks for itself and I have very few clients leave my office because they prefer someone with more than 3 years of experience. I did not post my date because it is not relevant considering the transparency in the consultation process. I have no need to mislead clients, as you infer. Also, I am certainly not angry about your “ignorant twaddle” as you referenced. I am just astounded at what you choose to pick at me about and how incredibly childish your arguments are. I understand though, as you are probably used to making generalizations about people and making statements about those generalizations without first obtaining extrinsic information, such as how they actually practice law. Isn’t it funny how those extrinsic variables change the generalizations? Anyway, I am clearly talking to someone who prefers his generalizations over specifics. So, I will leave you in peace to contemplate more generalizations. There are probably plenty of people out here who cannot wait to hear some more of your inaccurate generalizations.

A Jordan Rushie

A Jordan Rushie

Posted

One of the things that makes someone a good lawyer is an ability to see that they're wrong, mend their ways, and adapt a different strategy. It happens all the time in litigation. One of the things that makes someone a bad lawyer is insisting they are right when they've already been told in very small words that they're wrong, and why that is. Instead of re-strategizing, often they lash out at everyone around them. Caryn, I truly hope your behavior in this thread is not indicative of how you practice law.

Caryn S. Fennell

Caryn S. Fennell

Posted

Mr. Rushie, I believe that saying I was incorrect in my choice of words was an admission of being wrong. That I do not believe I was incorrect in the underlying advice is certainly my prerogative. I do not believe it was incorrect to make the recommendation I made as to the ethics of lawyers in the consultation process. I made myself very clear, while obtaining a 2nd opinion is within a client's right, it can also be very unethical for a lawyer to exceed their ethical boundaries if they are not careful. I acknowledge that I did not draft my first response in this specificity a year ago, but this was my intention in my response. Again, I practice law with transparency. If someone comes to me seeking a second opinion, I ask that they permit their lawyer to speak with me so I can understand what has occurred in their case and what is going on, so I do not improperly give the client that I can provide a service that their other lawyer has failed to provide. This is very clearly delineated in our ethics. I suppose we will just have to agree to disagree though.

A Jordan Rushie

A Jordan Rushie

Posted

I'm pretty sure Brian and Mark have seem some "pretty serious cases" themselves. Perhaps one or two. I am also glad to hear you think very highly of yourself, your abilities, and the results you have attained in three years of practice. "I did not post my date because it is not relevant considering the transparency in the consultation process. " In your opinion, and I disagree.

Caryn S. Fennell

Caryn S. Fennell

Posted

Again, we can agree to disagree.... But since you are busy throwing stones... Let’s look at your website shall we: Leo M. Mulvihill, Jr. In 2010, Leo opened a neighborhood law office in Fishtown dedicated to helping neighbors and local businesses with their legal needs. He focuses his practice on criminal defense, civil trial work, and solving neighborhood legal problems. Jordan Rushie Jordan Rushie has lived in Fishtown since 2007, and after several years in civil practice with other firms, joined forces with Leo in early 2012. Jordan is a trial lawyer who focuses his practice on various state and federal civil issues. Yep--- no mention of when you passed the bar either. Ooooopppssss. That is a class “pot calling the kettle black” problem, yes? And yes, I am fairly confident in my results in the past three years. We have done some very good things for people, and I have no problem sharing those results, even if it offends your senses.

Caryn S. Fennell

Caryn S. Fennell

Posted

Mark, On your blog, people tout you as such a wonderful mentor and successful lawyer, yet you find it prudent to refer to people's posts as "ignorant twaddle.” Ironically, your mentees see nothing wrong with the use of such language, which is strange. What strikes me about your post is that it was not designed to be informative or helpful to anyone. Rather it was designed to be offensive and it was you trying to show off how smart you think you are. If you really wanted to be helpful, you could have worded your response very much like David R. Lee did in this string, whereby he simply, and professionally, disagreed with my post and stated why. You have yet to see that your response is as offensive as anything you have accused me of here today. You also have justified your comments and actions, yet remain laser focused on how I “screwed up.” You truly believe there is some type of difference between your conduct and mine, which is astounding. You are not beyond reproach here. I may have made a mistake in my choice of words, and my initial response a year ago may not have been as clearly written as I would write it today, but it certainly was not deserving of your commentary. If you are truly a mentor, and a hugely successful lawyer, and you are truly only interested in making things better, then your actions should represent your words. One should anticipate reverberation when they use “ignorant twaddle” to characterize someone’s post, and turns around and touts how much of a mentor they are. Those things are dichotomous at best and hypocritical at worst. .

Brian Lee Tannebaum

Brian Lee Tannebaum

Posted

Caryn Fennell keeps referring to "we." Interesting. Who are the other lawyers in your practice?

Caryn S. Fennell

Caryn S. Fennell

Posted

In the weeds now are we, Brian? “We” as in the collective "we." “We”, meaning more than one person, not more than one lawyer. “We” meaning myself, my paralegals, my legal assistant, my accounts receivable manager and my part time contracted lawyer. “We” as in the Mirriam Webster definition: “I and the rest of a group that includes me : you and I : you and I and another or others : I and another or others not including you” I hope you don’t argue in the minutia with the court like this as it could be very costly to one’s credibility. But, in all honesty, it is quite entertaining. I truly mean it when I say I laughed out loud at that one Brian. Please keep them coming.

Caryn S. Fennell

Caryn S. Fennell

Posted

Oh and Brian, I like to give credit where credit is due. I have many employees and it takes a team effort to help a client. I would never be so selfish as to not share the credit since cases are not resolved in a vaccum. But for you, your success must only be because of how awesome you are. I mean, to heck with the paralegals and assistants when you are so magnificent. I bet you use the word "I" to describe all of your success…. Since there is no “we” in your firm, then I am guessing you probably do not thank your staff either, do you?

Brian Lee Tannebaum

Brian Lee Tannebaum

Posted

You have many employees that aren't lawyers? OK. Got it.

Caryn S. Fennell

Caryn S. Fennell

Posted

Yes, Brian. I have many employees that are not lawyers. I call them "support staff". They support me, and my part time contracted lawyer. Thank you for this stunning discussion about the use of the word "we." Can we move on now or do you want to discuss some other irrelevant topic? Next on the menu for discussion is the word, inane!

Brian Lee Tannebaum

Brian Lee Tannebaum

Posted

no caryn, I was just astounded that in your office, under the little feed and seed store, where there are other law firms, you could fit so many employees https://maps.google.com/maps?hl=en&ie=UTF-8&layer=c&z=17&iwloc=A&sll=34.237655,-84.491634&cbp=13,11.9,0,0,0&cbll=34.237404,-84.491698&q=160+north+street+georgia&ei=SxxkUrDVDZHA9gTvzIEY&ved=0CCsQxB0wAA

Mark W. Bennett

Mark W. Bennett

Posted

You keep pretending that your original clear and harmful bad advice was simply poor word choice. I don't think you're fooling anyone, with the possible exception of yourself. "your response is as offensive as anything you have accused me of here today" Well, it wasn't intended to be innocuous, that's for sure—I get that lawyers who don't know ethics but pretend they do get offended when it's pointed out to them; that's a feature, not a bug—but "as offensive as using retard as a slur"? Maybe to you, if you're narcissistic enough to think that criticizing your advice is worse than slurring ten million handicapped people, but I don't think many people would agree. You want to take a poll?

Caryn S. Fennell

Caryn S. Fennell

Posted

Well yes the "Feed and Seed" store, as you call it is actually a building, called the Cannon Building. It belonged to my long time mentor who died last year. We moved in together in 2012 after I remodeled the building with my hands, versus hiring out contractors. It looks quite fantastic, and it has 2 floors and 12 offices, with room to grow downstairs where it is mostly storage right now. There is so much space that I even built a trial prep and planning room... dedicated only for trial prep. How about them apples??? You should really stop trying to outsmart me on this Brian as you are beginning to look desperately foolish.

Brian Lee Tannebaum

Brian Lee Tannebaum

Posted

I would never try to outsmart you Caryn. Never. Best of luck with everything.

Caryn S. Fennell

Caryn S. Fennell

Posted

Oh - and that picture you gathered from google.com, is from about a year ago and is what remained from behind an aluminum facing that was removed and replaced by a black awning. The sign was removed and returned to an older gentleman who said the store used to be his father's about 60 years or so ago. The sidewalks were finished, the buildings painted as a part of the city’s effort to refurbish the downtown area and the street is well paved and marked for parking. The building to the right is the Probation management department, it was painted and a nice new awning installed after the construction from the road and sidewalk was finished. The sign in the window is mine, that says "Law Offices" because that is what is in the building "law offices'.... since we don't sell tires, or clothing, or books, or anything else, then it is most appropriate to call the space, "Law offices." But, cars used to be sold in the building next door in the 50's..... They had an elevator that would bring the cars up from the bottom floor, it is actually quite neat. The entire block survived Sherman’s 1864 campaign against Atlanta and his march to Kennesaw whereby he burned most of the rest of the city. I am so sorry that you are making such a fool of yourself, Brian. Perhaps you should quit while you are ahead!

Caryn S. Fennell

Caryn S. Fennell

Posted

Well, Mark, apparently you missed the now three times that I said I was wrong for that comment. But, it is becoming more and more clear that you miss the stuff you don't want to hear and are only interested in continuing to bash and bash and bash me for something I admitted hours and hours ago was wrong. Since I cannot un-ring that bell and you will not accept my prior statements, then I guess I will have to continue suffering your animus.

Caryn S. Fennell

Caryn S. Fennell

Posted

Thanks, Brian. You too!

A Jordan Rushie

A Jordan Rushie

Posted

Caryn: EDUCATION Temple Law – JD 2008 Villanova University – BA 2005 I am pretty sure that research and investigation is part of being a lawyer, but maybe I'm wrong.

A Jordan Rushie

A Jordan Rushie

Posted

http://fishtownlaw.com/about-us-fishtown-lawyers-mulvihill-rushie-llc/jordan-rushie-your-local-civil-litigator/

Caryn S. Fennell

Caryn S. Fennell

Posted

And your admission date is where exactly? Oh - wait, I see, you are drawing a parallel between graduation date and admission date. Hmmmm... those two things are definitely not the same, sorry! I am pretty sure that reading the words on the page is part of being a lawyer. So is sleight of hand, yes? I say no admission dates and you give me graduation dates as an answer, coupled with a little smart aleck. There is some egg on your face. Again, there is no admission date on your page, which is what we were discussing, specifically. Have a good one, Jordan!

Brian Lee Tannebaum

Brian Lee Tannebaum

Posted

Caryn, here's a question you may be able to answer correctly: do you think Jordan was admitted 1. Before or 2. After 2008. Think about it. Think hard.

Caryn S. Fennell

Caryn S. Fennell

Posted

Brian - I missed you terribly! I would ask you your point but I really no longer care. I could do this all night. You think that I care that the three of you have been going around all day with me? I could do this all night. You should go back to talking about Feed Stores and posting links to my building before reno was complete. Those were some of your brilliant moments today!

Caryn S. Fennell

Caryn S. Fennell

Posted

Besides - I think you are officially the only person in three years who has misunderstood "15 years of business and professional experience"..... I mean it is really not that hard to understand. But, I get it.. you needed something to try to throw in my face. You needed a platform to stand on. But, I guess you needed a platform. Kind of like how you went on and on about "we" and your really bad assumption about how many people I can fit in my building. That was truly bizarre. I think you should work on interpretation skills, as your assumptions are really undermining you today. But, I understand that you need to try to tear others down to feel better about yourself. Far be it from me to get in your way. Let me see--- what else could you misinterpret so you can pick some more and feel even better? Ummmm….. well, how about this, I occasionally forget to send in my conflict letters until six days out even though the rule requires seven. Then of course, I don’t always get my certificates of service in the mail the same day because the post office closed, so they go out the next day. Uhhh, what else? I will let you know when I come up with some more stuff.

Caryn S. Fennell

Caryn S. Fennell

Posted

Besides - I think you are officially the only person in three years who has misunderstood "15 years of business and professional experience"..... I mean it is really not that hard to understand. But, I get it.. you needed something to try to throw in my face. You needed a platform to stand on. Kind of like how you went on and on about "we" and your really bad assumption about how many people I can fit in my building. That was truly bizarre. I think you should work on interpretation skills, as your assumptions are really undermining you today. But, I understand that you need to try to tear others down to feel better about yourself. Far be it from me to get in your way. Let me see--- what else could you misinterpret so you can pick some more and feel even better? Ummmm….. well, how about this, I occasionally forget to send in my conflict letters until six days out even though the rule requires seven. Then of course, I don’t always get my certificates of service in the mail the same day because the post office closed, so they go out the next day. Uhhh, what else? I will let you know when I come up with some more stuff. Oh wait, I did just say "my" building even though it is technically not mine. I am sure you could have a heyday with that one...

A Jordan Rushie

A Jordan Rushie

Posted

"And your admission date is where exactly? Oh - wait, I see, you are drawing a parallel between graduation date and admission date. " I graduated law school in May 2008. I was admitted in October 2008. http://www.padisciplinaryboard.org/look-up/pa-attorney-info.php?id=209066&pdcount=0 So, um yeah, I am. That is a completely accurate, non-misleading statement. You are a truly brilliant attorney. Great argument. Oh wait, sorry, I'll change my profile to say I have 31 years of life experience...

Caryn S. Fennell

Caryn S. Fennell

Posted

Oh... now I get it...we are talking about why my admission date is not on my webpage. You say respond that it should be there. I say that yours is not on you page. You say that I cannot research because clearly your graduation dates are on your page… as if somehow that is the same thing. I say the two things are not the same, which they are not even close considering that many people may graduate law school and admit years later…. Then you retort by more ridiculous augmentation by pointing me to a disciplinary webpage that is not a part of your webpage, so I can gather the information about your admission date from a third party page, not your page… Brilliant Do you really need me to point out the fallacy of your argument? Again, please tell me where the admissions information you think is so darn cricitcal to have on your webpage is located, and do not tell me it is on a third-party page. Anyone can find my admission dates on about 8 other websites too but it does not mean it is on my page. This is not hard Jordan. And change your ridiculous webpage to say whatever you want – I doubt it will help you much though, I use my business and professional experience because I had 15 years of management and executive experience in Corporate America prior to law school. I know my way around business contracts and organizations and how to run multi-million dollar organizations. It is not inappropriate to communicate that skill set to clients. So, no matter how hard you and Brian try, there is nothing improper with my references to my corporate “business and professional” experience. That you two have trouble reading and understanding what it meant by “business and corporate” experience is troubling.

Posted

$25,000 is a lot of money for legal representation. You deserve attention. The truth is that your freedom, your future, and the outcome of this case is more important than the money. You can worry about, attempt to get this money back from that attorney at a later date. You are free to hire any attorney you like. If you are unhappy with your representation, there are many great attorneys in Houston that can give you top notch representation.

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Posted

You may contest the fees in court. Also, there should have been some sort of agreement when the lawyer accepted your case. This is generally required in order to maintain your malpractice/liability insurance. Get everything in writing. As for having another attorney provide advice, your current attorney will need to sign off on that.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Lee toll free at (800) 241-0272 at his law firm. All initial consultations are free of charge.

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1 comment

Mark W. Bennett

Mark W. Bennett

Posted

More nonsense. A client is free to consult with a new lawyer without the consent of the old lawyer. The new lawyer need not—indeed, must not, without the client's consent—reveal to the old lawyer that the client has done so. This is a common misconception among lawyers who don't know much about the ethical rules.

Posted

What kind of case is it? You paid someone $25,000 with no contract whatsoever in place??

I am a criminal defense attorney practicing in San Antonio, Texas. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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