Replies to This Discussion

Permalink Reply by barneyfife on September 11, 2013 at 10:58

You have an uphill fight. I don't believe many attorneys will be anxious to take on a sitting judge. That might be career suicide. Are you sure your aunt didn't misunderstand what he said?

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Permalink Reply by Joe Aldridge on September 11, 2013 at 11:20

Phillip,

If she paid the attorney's fee and he's holding the minerals then he is collecting twice. I would go straight to the State Supreme Court and see if they will review the case. Good Luck.

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Permalink Reply by Phillip Briggs on September 11, 2013 at 11:46

That's what I've told her...

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Permalink Reply by Martin on September 11, 2013 at 15:55

Or the local bar association.  Might want to start small. 

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Permalink Reply by Andrew on September 11, 2013 at 18:27

Phillip, any proper advice for you should begin and end with contacting a qualified attorney ASAP.

I wouldn't let his judgeship intimidate me from trying to resolve the situation. As a judge, he may be reluctant to allow things to devolve into to a public and embarrassing lawsuit, especially one that alleges he cheated one of his former "little old lady" clients out of valuable minerals. I can only speculate that the professional embarrassment alone would be enough incentive for him to at least attempt amicable resolution with whatever attorney you hire. Regardless, the clock may be ticking on this, so the only real course of action is to hire an attorney or let it go.

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Permalink Reply by HBP on September 12, 2013 at 5:00

Unless your Aunt was clearly unable to contract for attorney services herself, or there was something of record to that effect, then I would add to the advice above that you should gather more facts and actual paperwork to take to the qualified attorney you visit with. 

Many people read and sign contracts and still have the wrong impression, but the details are everything.  I'm pretty sure even the fine print on my home pest control contract gives them rights to my first born - but I signed it.   Getting a copy of the client agreement and any other paper/email correspondence to support the "collateral" fact aspect will eventually be necessary.  Even without, some type of rescission may be possible - the right attorney is important.

Also, don't fear the Judge thing - as others have said, it may work to your advantage.

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Permalink Reply by Joe Aldridge on September 12, 2013 at 5:15

HBP,

I think Tommy said earlier that this attorney's office won't even take their calls. I'm assuming that his office will not provide the documentation either that you state they need. I would go directly to the State Supreme Court or whoever over sees the conduct of Attorneys and Judges in that State and file a formal complaint. Its their job to investigate possible Attorney and Judicial misconduct. I would try that route first and get their guidance as to what route to go if they are not interested in investigating this attorney.

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Permalink Reply by Andrew on September 12, 2013 at 5:31

Joe,

An ethics complaint may well be warranted, but it usually won't do much to fix the former client's problems. An ethics complaint won't stop the statute of limitations period from running against a lawsuit by the client, and at the end of the day someone in Phillip's situation probably wouldn't be satisfied merely by professional discipline being imposed against the attorney. Often an attorney with an ethics complaint will try to resolve the situation to help himself with the State Bar, but that isn't guaranteed at all.

Instead, an attorney should be consulted about the matter in general, and then he can decide how and when to raise the ethics complaint so that it is strategically best for the client. A judgment or settlement is more likely to make things right, and the ethics complaint is something that can complement the formal claims later.

I also echo HBP's excellent advice, get all the documentation you can when you meet with attorney.

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Permalink Reply by Bobi Carr ("parker") on September 12, 2013 at 5:42

Phillip,

  It would be in your best interest to get an attorney and stop posting details about a potential lawsuit on a forum website.  IMHO.

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Permalink Reply by Skip Peel - Mineral Consultant on September 12, 2013 at 5:44

Amen.

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Permalink Reply by GoshDarn on September 12, 2013 at 6:51

Bobi:

Actually, there's at least one fairly good O&G lawyer who has posted very solid advice in this thread.  Could be more than one lawyer, too.

And since Phillip's family seems -- seems -- to have been taken advantage of and is simply telling the truth, I would suggest the law is on his family's side, whereas the folks who have to be careful about spilling the beans in public on such a forum would tend to be those who are, in fact, breaking the law.

Ergo, if it takes a post here to motivate whomever to go to a lawyer or to reap the rewards of good advice, I don't see the downside, although if one of the lawyers want to chirp up and explain the possible negativities, then I think many will be all eyes.   

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Permalink Reply by Bobi Carr ("parker") on September 12, 2013 at 8:58

I believe any additional disclosure of facts or conjecture could only harm him.  The case can only be settled in a court of law not on a website.  I wish him an equitable outcome but I see no benefit to him or his family by hashing it out on here.

As I said, just my humble opinion.  And as Skip has stated so eloquently, "I am not an attorney". 

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