Thoughts on maybe dismissing my attorney, feedback appreciated

[Axilleas]

Hello everyone,

I've been somewhat more vocal these last couple weeks as everything seems to be coming to fruition, or elaborately xxxxxx...Unfortunately, i dont knwo enough about the va to offer any advice so here i am coming to take...hahaa

Seriously though, I knew the fee associated with legal representation. I was also well aware I'd be lucky if the attorney actually worked a quarter of what he was being compensated and was willing to sacrifice the pawn and kill a king back then. However, while for the better part of 5 years he's been able to offload responsibility to the VA for lack of response - the more research of my own i do, the less it appears he's even done than most of the shittier lawyers i've seen complained about. One of the biggest things that kills me is he should always be the more informed party between me and him about this type of stuff...And, i'd say he's uninformed or clueless more than 50% of the time he gives me reason for one thing or another.

I had caught my first felony at the end of 2016 for heroin possesion. I didnt talk to him much up till around spring time this year because it wasn't my top priority and i had to do a few months of county jail...Anyway, i initially  contacted upon release to see how everything was going. And he's more or less despondent. When i ask if my drug addiction/legal trouble could be used to strengthen my cause he told me no...on the contrary, felons aren't normally well received with favorable reviews - and that drug addicts are even less likely to get anything because the board "would hate to give someone so irresponsible a hunk of tax-payer money to buy drugs with." I was obviously crushed, and had yet to come to understand my lawyer often speaks without reason or knowledge. He then reassured me not to worry, he wouldn't drop me as a client since ive been with him for quite some time but that "he doesnt know of an attorney that would represent me" given those factors. Just to highlight the nature of my relationship with him.

I told him tdiu is really just not a goal of mine anymore since i had filled a decade ago and my conditions had only worsened and that P&T was really the only end game for me. When i asked if if the drug addiction could be used to highlight the 8 years out of the corps i was clean and sober until i snapped he said "if we get you in front of a board - you might find a judge that willing to hear it that way." Where does this guy actually come in if he can't even use a little courtroom rhetoric to help advocate my case? I personally filed the NOD by spending 20 hours in the law library chasing each component listed for denial to rebute, although that was prior to having him...and really come to think of it don't know one real contribution he's made to this effort.

Now, i wish i saved the post where one guy was complaining, thinking about changing lawyers for like 6th time and a hadit member and attorney just ripped him in half as a pariah on hard working people...naturally, the last part caught my eye and this guy went on about how lawyers for claims generally go out of their pocket for private doctors, and experts that can support this or that, and that for clients with little hopes of making any substantial money often run at a deficit. He is an attorney, and i've never met an honest or charitable one - so maybe they're more realistically doing whatever best helps facilitate their investment. If my attorney did just that, made sure he saw a return on his "investment" which i guess is very little, i'd be more than happy with that. But, I'm really just struggling a reason to keep him employed with me. I'm not a bad guy, or one who goes back on his word...And even if i find he's been pretty much dead weight i've carried wont cherish giving him his pink slip.

I dont know guys...I'm allegedly in the works(aren't we all") for a six figure award...bringing my side kick there roughly $30,000 give or take some. What would you guys do here? How could i approach exactly what contribution he's made thus far. Or perhaps tell him fee or no fee he's in it for the long haul, and if he cant lawyer up a way to solidify my P&T then *Insert some legal ramification" and if not applicable, and i have no way to entice his hardest effort than i likely have to walk...

Thank you all, and I'm praying the forum member esquire who i mentioned comes across this. I need a counterweight here.

[broncovet]

Ok, please tell me the specific "reasons" why you are considering firing your attorney.  If your only "reaons" was that he did not use your arguements in appealing, then I would not fire him/her.  If the attorney did nothing but present "your" entitlement theories, he wouldnt be an attorney, he would be a "yes, man".  You dont need a yes man.  

Next, "what changed" since you hired your attorney?  You obviously went through a decision process to hire him/her.  

Finally, you should know that your attorney deserves, and likely will get paid for work already completed, even if you terminate them.  If you worked at a job, and your boss fired you before you could complete it, then you would likely want to be paid, also.  

So far, you have not really posted valid reasons for termination, other than second thoughts about maybe you may be paying too much.  About the only good reason to terminate an attorney is if you think your chance are better off without him, than with him.  

Lastly, look at your alternatives.  Its unlikely you can get another attorney to pick up where this attorney left off, so you may be looking at representing yourself. 

Many times, we dont see what the attorney actually does..he does stuff and we only see the result.  

Unless there is a compelling reason (so far you have not given one, IMHO), then you should continue with your attorney.  Some compelling reasons to fire an attorney are:

1.  Missing a critical deadline, such as an appeal date, or a brief which must be filed within a specific period of time, which costs you monty. 

2.  Lying on one or more of your filings.  

3.  In competence.  

    Now, one that upsets many VEts that I do not feel worthy of firing an attorney is the attorney not promply returning your phone calls.  If you want someone to hold your hand, get a counselor at VA.  But dont expect your attorney to give you all the plusses and minuses as to why he presented "arguement B" when you thought arguement A was better.  Absent a complelling reason, hang in there with your attorney.  

[doc25]

4 hours ago, Axilleas said:

Hello everyone,

I've been somewhat more vocal these last couple weeks as everything seems to be coming to fruition, or elaborately xxxxxx...Unfortunately, i dont knwo enough about the va to offer any advice so here i am coming to take...hahaa

Seriously though, I knew the fee associated with legal representation. I was also well aware I'd be lucky if the attorney actually worked a quarter of what he was being compensated and was willing to sacrifice the pawn and kill a king back then. However, while for the better part of 5 years he's been able to offload responsibility to the VA for lack of response - the more research of my own i do, the less it appears he's even done than most of the shittier lawyers i've seen complained about. One of the biggest things that kills me is he should always be the more informed party between me and him about this type of stuff...And, i'd say he's uninformed or clueless more than 50% of the time he gives me reason for one thing or another.

I had caught my first felony at the end of 2016 for heroin possesion. I didnt talk to him much up till around spring time this year because it wasn't my top priority and i had to do a few months of county jail...Anyway, i initially  contacted upon release to see how everything was going. And he's more or less despondent. When i ask if my drug addiction/legal trouble could be used to strengthen my cause he told me no...on the contrary, felons aren't normally well received with favorable reviews - and that drug addicts are even less likely to get anything because the board "would hate to give someone so irresponsible a hunk of tax-payer money to buy drugs with." I was obviously crushed, and had yet to come to understand my lawyer often speaks without reason or knowledge. He then reassured me not to worry, he wouldn't drop me as a client since ive been with him for quite some time but that "he doesnt know of an attorney that would represent me" given those factors. Just to highlight the nature of my relationship with him.

I told him tdiu is really just not a goal of mine anymore since i had filled a decade ago and my conditions had only worsened and that P&T was really the only end game for me. When i asked if if the drug addiction could be used to highlight the 8 years out of the corps i was clean and sober until i snapped he said "if we get you in front of a board - you might find a judge that willing to hear it that way." Where does this guy actually come in if he can't even use a little courtroom rhetoric to help advocate my case? I personally filed the NOD by spending 20 hours in the law library chasing each component listed for denial to rebute, although that was prior to having him...and really come to think of it don't know one real contribution he's made to this effort.

Now, i wish i saved the post where one guy was complaining, thinking about changing lawyers for like 6th time and a hadit member and attorney just ripped him in half as a pariah on hard working people...naturally, the last part caught my eye and this guy went on about how lawyers for claims generally go out of their pocket for private doctors, and experts that can support this or that, and that for clients with little hopes of making any substantial money often run at a deficit. He is an attorney, and i've never met an honest or charitable one - so maybe they're more realistically doing whatever best helps facilitate their investment. If my attorney did just that, made sure he saw a return on his "investment" which i guess is very little, i'd be more than happy with that. But, I'm really just struggling a reason to keep him employed with me. I'm not a bad guy, or one who goes back on his word...And even if i find he's been pretty much dead weight i've carried wont cherish giving him his pink slip.

I dont know guys...I'm allegedly in the works(aren't we all") for a six figure award...bringing my side kick there roughly $30,000 give or take some. What would you guys do here? How could i approach exactly what contribution he's made thus far. Or perhaps tell him fee or no fee he's in it for the long haul, and if he cant lawyer up a way to solidify my P&T then *Insert some legal ramification" and if not applicable, and i have no way to entice his hardest effort than i likely have to walk...

Thank you all, and I'm praying the forum member esquire who i mentioned comes across this. I need a counterweight here.

Is your current attorney an accredited Veteran's lawyer? 

[Buck52]

 

Axilleas

Obviously your not happy/comfortable with your Attorney?

Maybe you should have a discussion with him/her and get a better understanding of his/her representation. or let him/her know your not happy or comfortable with the Representation.

Its not easy to have a REP OR POA  Revoked, usually if you hire another Attorney  the new Attorney will take over and send in the revoke slip (21-22A) ,but they could stay on as your POA for years to come if you don't get him/her Revoked.

Edited October 29, 2018 by Buck52

[Axilleas]

Hey everyone, thanks for the input...did a little research today and made some interesting discoveries.

if anyone is wondering I had a current issue with a claim of mine being awarded by the DRO before the other issue were sent to the BVA. The post is on here. So, I found out that the DRO awarded me TDIU in Feb 2017, and then a month later my attorney filed that form 9 to take it to the board! I’m almost certainly thinking he knew given the time difference of the award grant and his filing. The DRO issued a statement of case along with it. He must have been responding to that. And I remember him telling me it was denied, although my memory is a little fuzzy of the timeframe. Is that ethical? 

The reason they didn’t go through with setting up the award and all that was due to his desire to keep pushing it(I don’t think he discerned the issue but who knows.) And even better, the lady going though all this with me explained that it’s probably because he’s not compensated if he doesn’t win at the BVA. Beautiful huh? It really confirms he’s been acting solely in his best interest and not even really considered me in any of that.

so, should I just wait for the award and never bother with the guy again? The woman told me his power of attorney expired(if you remember I said he told me he wasn’t able to get as much information as I could since the “va doesn’t like talking to attorneys”) I’m wondering what I could due to dissolve his representation. If he makes a fuss I’m thinking the bar would love to hear about some of his ethics..or lack thereof. 

Let me know what you guys think, was it me just complaining or would an award almost two years ago you could have had worthy of contempt?

[Axilleas]

Hey bronco just saw your post up top...

it’s not the argument or approach he takes. It’s just that often he tells me something and I later discover it to be false. So he’s either lying to me(almost apparent now) or he is most certainly incompetent. A month ago I asked him to contact the va and figure out what’s happening since 4 years ago when he said he’d submit to the board he told me back then it could take a few years, only to repeat that verse a month ago. He replied by telling me his hands were tied but they might speak to me. His POA expired! No kidding they wouldn’t talk to him, and there no point repeating what I just posted...I think filling to have a hearing after getting a favorable decision along with the statement of case and not telling me is pretty corrupt. Besides, the biggest loss is time for me. Had I gotten the true two years ago like I should have I would have taken it and regrouped before trying to finalize it. Likely making strong headway by this time. 

I don’t think he really did much. Maybe file the form 9 and let them know my address those few months I was in jail because they “threatened to drop the appeal” leaving him with nothing. 

[Sailorman]

On 10/28/2018 at 9:57 PM, Buck52 said:

years