Lawyer Unresponsive

[rthomass]

I engaged a lawyer from tbe firm of Lieberman & Mark of Washington DC to represent me before the United States Court of Veterans Claims. She did get the court to remand the case back to the AMC and BVA and now it sets at the Local VARO, Louisville, Kentucky. I have researched and feel that I am the one doing all the work in perfecting my claim. She refuses to take my calls and as far as I can ascetain she has never contacted the VARO Appeals Management Team. I want to terminate her but my wife thinks if I do so it would set us up for a lawsuit. I have read the agreement between this lawyer and myself and feel that since she is reiticent in her duties she has breached the contract.

I do not recommend this firm to any Veteran.

[Wings]

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This sounds terrible. Their website indicates they are members of the US Court of Appeals for Veterans Claims Bar Association. That Association has several member's names that look familiar to me. Perhaps contact the Bar and express your grave concerns? I did not see a tel#, nor email contact info for the "Bar" ... Bute here is the address and URL. ~Wings

Court of Appeals for Veterans Claims Bar Association

PO Box 7992

Washington, DC 20044-7992

http://www.cavcbar.net/index.html

[ruby]

I would put your questions to her in writing and then send them CMRR-certified mail return receipt for your records.

Be professional and polite in your letter, state that you have attempted to contact her on dates with no response, that you find it necessary at this point to put your questions in writing and your concerns regarding her lack of communicating with you in a timely manner. Give her 14 days to respond.

Basically your giving her the rope to breach her contract.

Hope this helps

[Ricky]

Just make sure you read the fine print closely. Make sure it contains the language necessary for withdrawl from the contract. If so you should be ok. I ain't no lawyer by any definition so don't take this as official legal advice. It is sad but you may need to utilize another lawyer to help you out on this. If you go this route I would surely file a complaint with the Bar as ruby suggested. You will need to research the Bar's site and read their rules about how to file a complaint. Most Bar's are very, very specific and picky about what type of issued they will accept for complaints. Bar's are just another one of those organizations such as the BBB who's real mission is to protect their paying clients. jmho.

[Speaking Out]

Ruby gave you some really good advice here. You should be able to break your contract if your attorney is not returning your calls. Going the route of leaving a paper trail is the best way to go about doing this. You will have documentation that your attorney is not living up to her part of the contract by not returning your calls in a timely manner or addressing your concerns. I would also make a list for yourself of the research information that you have provided for your attorney and how it has helped and what your attorney has done. This will be helpful to you when you terminate your attorney. If you feel comfortable, post your contract without your personal info and let us look at it for help in writing your letter to release your attorney. I have been through this process in Indiana. It was for a Federal Tort Claim, not for a VA claim, but I know how frustrating it can be. Good luck and keep us posted.

[Berta]

"I do not recommend this firm to any Veteran."

NEITHER DO I-

I have a vet who went to CAVC pro se and lost and then again filed with CAVC another case with this firm as his attorneys-

One of the lawyers took an 8 month leave of absense ( did not comply with the CAVC attorney regs as to continuous representation)- and they both accepted a statement from the VA that the veteran owed them a fee not only for the single letter and few phone calls they sent re the second CAVC case-

but ALSO for representing him during his first CAVC case when he went Pro Bono-

I sent the VA a NOD the vet signed- that used the 5 or 6 specific points that attorney fees are regulated under in 38 USC and proved- in my opinion- that the $8,000 fee VA wanted to send them (the vet won at the RO level with my help)was completely incorrect and

uncalled for based on the evidence I attached.

Dont know yet how the vet made out on that-

this firm (who in my opinion did only about 200 bucks worth of crappy work for the vet -in my opinion -should be reported to the CAVC and the Bar association.

I cant report them to the Bar Assoc as I have no personal documentation from them for anything I personally can support-and cannot speak for anyone else they repped-and I would never hire them.

Also a complaint can be filed on any attorney who you feel has inadequately repped you under the same regs I used against my reps -under 38 USC 14.633.

I will give format out and who to contact at the Office of General COunsel -VA in DC if anyone here seriously wants to pursue a complaint like that.

(OGC told me yesterday they are actively working on my complaint against NYSDVA)

[Pete53]

See some Lawyers are no better than some SO's. We really need to make a list of people that do wrong to warn other Veterans. Call it the Hall of SHame or something like that.

My recommendation is to write the Lawyer and ask why she won't talk to you include a second copy the the Manager of the Firm marked Personal and Confidential. Might not hurt to do the same for the Lawyer you would be surprised how many assistants sabotage their Bosses these days.

Good Luck