-- Make the Bar Care!
By Donie Vanitzian
(c) 2007Vanitzian
July 19, 2007
Lets spare each other the niceties of: “there are good ones and there are bad ones,” because we already know that -- and -- this article is not about that. She then says with a cheeky little grin, “ok, ok yes, there are some good lawyers out there.”
This article, though, is about “us” -- the residential deed-restricted “titleholders” who have become the subjects of an industry that has somehow managed to steal our titles and our rights out from under us and have done so by DEFAULT.
This is about titleholders getting the raw end of the court-deal, the raw end of the legal representation-deal, the raw end of the legislative-deal, and the raw end of just about ANY deal as it pertains to those g-d forsaken, expensive outhouses that we pay billions of dollars for, only to be told by some piss ass barely-high-school-grad manager who INSISTS on bragging that he/she/it is so-called c-e-r-t-i-f-i-e-d (at what is anybody’s guess) and an employee who likely can’t converse without a dictionary in one hand, a thesaurus in the other, AND, who very likely cannot even afford a down payment of his/her/its own -- BUT TELLS US what the hell WE can and cannot do with OUR property. They can do this because they belong to an industry that gives them FREE legal advice how to SCREW YOU and ME OVER and STAY ON *YOUR* ASSOCIATION’S PAYROLL come hell or high water. The problem: we’re letting them do it.
CAVEAT EMPTOR--DID YOU REALLY WANT TO BE THAT ASSOCIATION'S ATTORNEY'S NEW BEST FRIEND
At ground zero, this article is also about blowhard lawyers who profess to know and do everything including win your case - even if they lose, because they get paid either way. They also may do nothing on your case but take your check to hire them and have the audacity to ASK FOR MORE. This is also about bad representation, misrepresentation, bad lawyering, malpractice, the “taking advantage of,” the “ability to influence,” “being in a position to impose authority where no such mandate to impose such authority (to that extent) exists under the law,” “bullying” under cover of a license to practice law, manipulating and creating evidence to protect the client under the “I’m just defending my client’s position” mantra, aiding and abetting clients, and much more.
Think about it: HOW would someone who knows nothing about law and the nuances involved with legal representation, even KNOW their attorney committed malpractice by the Bar’s standards? Malpractice has such a wide berth (thanks to the Bar revamping all the rules of “Professional Responsibility” [now THAT’S an oxymoron if ever there was one] so that almost any lawyer with their inbred skill, knowledge, expertise, and acumen of MANDATED continuing education
Realistically, anyone who hires a lawyer would have to hire TWO lawyers. One to represent them and one to review the work of the lawyer that was hired without him/her/it knowing their work was being reviewed. THAT IS WHAT THE BAR HAS CAUSED TO HAPPEN. How so? They police their own.
Author note: Association is universally abbreviated to the shorthand version: “ass.” This author prefers that abbreviation because, frankly, it calls it what it is. And, if the “law is an ass” then references to association managers, can now be called ass managers. Association attorneys are now ass attorneys. Association boards of directors are now, ass boards of directors.
Picking up where we left off, attorneys, especially the types that grovel around homeowners associations -- uh E-X-C-U-S-E me --I stand corrected -- they like the word c-o-m-m-u-n-i-t-e-e-e-e-e-e-e-e so, let’s rephrase that and remove references to HOME ASS and say, C-O-M-M-U-N-I-T-Y-A-S-S; and the like.
Anyway attorneys are NOT gods. At least they are not supposed to be. Realistically they are invoice-billing machines. Realistically, such advisors are not supposed to have an exalted status, say, as association boards of directors do by statute. Realistically, all said and done, attorneys are “vendors” similar to management companies, managers, roofers, gardeners, electricians, the guys who clean out the gutters, accountants, maid services, dry cleaners, and so on. Realistically, like all vendors, they supposedly get paid to perform a s-e-r-v-i-c-e albeit, an invoice billing service, and they send you a bill for that invoice billing service.
PROTECTING THEIR PERPETUAL PAY CHECKS
So, HOW do most lawyers “get away” with “things” like the things owners complain about most? Try the “attorney-client privilege.” In an a-s-s-o-c-i-a-t-i-o-n type of setting, the privilege NOT to talk is endless. You’ve got the “association” as a somewhat corporate entity, that ain’t gonna talk. Then you’ve got vendors who depend on their paychecks being signed by the association, who ain’t gonna talk. Then there are board directors that come and go, and, hells bells, they ain’t gonna talk. As the saying goes in criminal law, “if nobody talks, everybody walks.” Finally, that lawyer ain’t gonna talk, because he/she/it will more often than not, claim, “its privileged!”
HOW MANY WAYS CAN THE CALIFORNIA STATE BAR COOK CHICKEN?
Fast forward: Does anyone honestly think a client who is already cowering in their boots is going to file a complaint at the Bar when they fear retaliation the attorney they are complaining about? HELL NO. It isn’t as if the Bar is going to offer protection to that complainant, are they? As one attorney fed up with the system, let alone the bar, once said to me “if anything, it’s a secret society protecting secret members from secret wrong doing.” Another disbarred attorney said, “the Bar gave me every opportunity to say ‘I’m sorry’ and to ‘show contrition’ and they would let me keep my Bar card, but I said, screw that. I’m not sorry. I’m not contrite. I just don’t give a sh*t.” Never mind, that the attorney made enough [client] money at that point that he didn’t have to care what anyone thought--even the Bar. Never mind that he “never had sex with that woman, not ever, never.”
I suppose it depends on what the meaning of “is” is.
Since my last article on Filing Complaints at the Bar, more owners ARE taking pro-active steps against tyranny. Those that have joined, HOAATM, Home Owners Against Association Tyranny and Manipulation (my free group) have joined forces for a louder voice.
TIMING IS EVERYTHING
In the beginning, I used to get a lot of mail from people that said, “when the ink dries, THEN I’ll do something about it.” Those owners now know what most journalists learned the hard way, (1) by the time the ink dries--its no longer a story anyone’s interested in, and (2) waiting to get into the so-called “safe-zone” before blowing the lid of an injustice, deflates the importance of the problem to the extent owners spend most of their time answer the question: “but WHY didn’t you file a complaint at the bar when it happened,” rather than discussing the egregiousness of the problem they suffered. This is a situation where “wait and see” absolutely works against the complainant.
It is that “fearless dogged persistence” EARLY ON that IS the key to filing attorney complaints. It is similar to catching a crook in the act of breaking the window to steal your house that means something. You don’t wait until your house is gone and crime is over and then begin “mulling it over.” You call 911 on the spot! If you can’t get an operator or the line is busy you keep it on the re-dial button until an operator hopefully answers.
REGULAR RULES DON’T APPLY TO OWNERS OF DEED-RESTRICTED PROPERTY BECAUSE TIME IS ALWAYS OF THE ESSENCE
Owners don’t have the luxury of self-indulgence. Let's face it--attorneys don't want to be scrutinized! Not by the bar. Not by the public. Not by the courts. Not by the media. Not by their clients. Not by opposing counsel. As I wrote earlier, "talk is cheap until you hire a lawyer" or until you are FORCED to hire a lawyer. Start asking too many questions and lawyers will lawyer-up -- and then they follow that up with an invoice, uh, invoices, plural. (See Glassman & Vanitzian, "Law Firm's "Rule of Three" Smells Fishy," L.A. Times, Aug. 17, 2003)
There is an element of performing an important public service when filing complaints against attorneys that have "acted improperly" (the Bar's words, not mine). Because, in my opinion, the California State Bar has failed miserably in policing its own, the public must take pains to make their sentiments known, not once, but over and over and over again without fail. One way to accomplish that is to file complaints with the State Bar against errant attorneys--and keep filing them.
WARNING: DON'T EXPECT ATTORNEY DISCIPLINE TO SHOW UP ON THE BAR'S WEB SITE
The Bar used to publish the disbarred attorneys AND the problems leading up to their disbarment so the public could see. They apparently don’t do that anymore. Its bad enough that the public are sitting ducks, now the bar wants you to GUESS who’s been disbarred and then PAY to find out what they did to get disbarred. WHERE’S THE PUBLIC OUTRAGE against an institution that WE BANKROLL? (remind anyone of the arrogance put forth by the California Law Revision Commission?)
THIS SITUATION ISN’T THE SAME AS “IF YOU BUILD IT THEY WILL COME”
If you think the Bar built-it so that the public will come and file complaints and that they are just waiting to get a lawyer complaint from you:, don’t count on it! But the owner’s answer to that question should be, “Too damn bad! ‘cuz you’re gettin’ this complaint whether you like it or not.”
Owners checking the State Bar's web site for information regarding a particular attorney, would never have a clue how many complaints he/she/it has been subjected to, the types of complaints; whether there are pending complaints; or whether other disciplinary measures have been initiated against him or her and the reasons for the such discipline. The majority of attorneys on the Bar web site will show a "clean slate." It would appear most are Pillars of Society! Squeaky-clean. Why is this? How would owners know if the attorney they are investigating has a "clean" record, or if s/he has been subjected to discipline? You don't know. You have to perform additional investigation BEYOND that of the State Bar. In that respect, the Bar has failed the public and all consumers.
Some have said letter and complaints to the Bar stay in the file for say, three, maybe six months and are then expunged. Others have said the Bar supposedly keeps ALL discipline letters in the file for an "unspecified" time. However, such complaints may stay alive as long as complaints continue to pour in. What IS clear is this: If owners don't file complaints it is a moot point how long such letters remain in a file.
SOME TIPS ON FILING COMPLAINTS AT THE BAR
1. Please understand that you -a layperson- have to chew and digest the complaint for the Bar -- you know your case and problems better than anyone else does. No civil servant wants to work harder than they have to. Well, actually, they don’t want to surpass their job descriptions, whatever those might be.
2. Please don’t throw-up and rant on paper.
3. Please don’t write stream of consciousness crap.
4. Please don’t wait until your case is over and then retry it on paper.
5. Please keep your sentences short.
6. Please don’t act like you’re a lawyer if you’re not. You are a victim!
7. Please understand that you do not have to hire the attorney in order to file a complaint against him/her/it.
8. Please do not be intimidated --- and don’t back down. Just file the damn thing now!
9. Please understand that you can attach a piece of paper to the complaint, but be certain to mark it with, for example (a) number all pages consecutively. The page number “1” of “65.” or “1” of “1.” (b) put your name and telephone number on each additional page. (c) label the top of each page “Attachment A, or B, or C” etc. Make your complaint easy to read and use as many sheets of paper as you need.
10. Please try to know the Rules when writing out your Bar Complaint. Most rules that govern the actions of attorneys are found in the California State Bar Act (Business and Professions Code 6000 et seq.) and Rules of Professional Conduct -> Try this website: www.findlaw.com
Download the State Bar Act: http://www.calbar.ca.gov/calbar/pdfs/ethics/2006_State-Bar-Act.pdf
Download the Rules of Professional Conduct: http://www.calbar.ca.gov/calbar/pdfs/ethics/2006_Rules-Prof-Conduct.pdf
and peruse the Business and Professions Code sections for more violations.
11. Please try to stay away from making a CRIMINAL case for the Bar to follow. Let the Bar make its own deduction based on your facts filed in your massive complaint that the totality of the circumstances may amount to criminal charges. IF something is per se criminal, file the criminal charges separately with the proper police department, or government agency -- not the Bar.
12. Please take a minute to prepare a working outline for “you” not the Bar. List the problems chronologically--and the result of each problem and extracting issues as you see it, from each of those problems -- remember: don’t make a meal out of this. If the Bar wants more information they’ll ask you for it. Please extract the issues as you see it from each of the problems you list.
13. Please don’t provide “partial” transcripts, if you have to provide a transcript - provide the ENTIRE TRANSCRIPT. Providing a partial transcript will surely get your complaint kicked back.
14. Please FILE your complaint in a TIMELY manner.
15. Please do not be intimidated by the Bar! You can challenge ANY decision the Bar makes regarding your complaint. Even if the Bar rejects your complaint, you can send it back with new or additional information and ask that it be reconsidered. If they make another determination on your complaint you can also appeal that. You can challenge these decisions simply by stating on a piece of paper that you “want to appeal the Bar's decision and request that it be sent to their panel for reconsideration.” <= That’s it, one sentence. If you still have questions, the Bar will explain to you how that is done.
16. Please know that there are NO limits on the number of complaints you can file at the bar against an attorney or several attorneys or an entire lawfirm.
17. Please know that you do not have to have a relationship with the attorney you complain about. In fact, there’s no law that says you have to have even met him/her/it to be able to complain about him/her/it. Remember, if the complaint has no merit, the Bar will write you back and tell you.
Download a complaint form: http://www.calbar.ca.gov/calbar/pdfs/DispComp.pdf
Contact the State Bar:
1-800-843-9053 (toll free in California)
1-213-765-1200 (from outside California)
American Bar Association (ABA) (http://www.abanet.org
ABA “Directory of Lawyer Disciplinary Agencies" for every state and outside of the United States as it pertains to licensed American attorneys. Visit http://www.abanet.org/cpr/regulation/scpd/disciplinary.html Free article, "Differences between State Advertising and Solicitation Rules and the ABA Model Rules of Professional Conduct." Visit http://www.abanet.org/cpr/professionalism/home.htm
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