{"id":8126,"date":"2012-04-14T18:50:22","date_gmt":"2012-04-14T22:50:22","guid":{"rendered":"http:\/\/sidebarforplaintiffs.naomifein.net\/?p=8126"},"modified":"2015-08-13T14:12:40","modified_gmt":"2015-08-13T18:12:40","slug":"yes-i-am-filing-a-grievance-against-my-lawyer","status":"publish","type":"post","link":"https:\/\/sidebarforplaintiffs.naomifein.net\/?p=8126","title":{"rendered":"Filing a grievance against a lawyer 4"},"content":{"rendered":"<p>Wow. This &#8220;grievance against lawyers&#8221; category has grown into a book-length misadventure, hasn&#8217;t it?<\/p>\n<p>As I&#8217;ve said previously, I never imagined I&#8217;d be availing myself of the grievance process against any lawyer, but especially not against a personal injury lawyer who has represented me since the beginning of 2008, when I broke a bone in my foot on a badly maintained sidewalk on my own street.<\/p>\n<p>This was such a simple case. I still think it&#8217;s simple. I am mystified and now justifiably angry about the way Dinkes &amp; Schwitzer, the law firm I retained, has handled the case and, more important, has mishandled me, their client. They deserve to have a grievance filed against them.<\/p>\n<p>In preparation, I just pulled out my (meager) file on the case. But much more important, I printed out my<a href=\"http:\/\/casesoft.com\"> CaseMap<\/a> time line (CaseMap calls it &#8220;Fact Chronology&#8221;), which I&#8217;ve kept up to date. I&#8217;ll use this time line to pull significant facts for the grievance. And if I need to remind you of the value of keeping a time line\u00a0\u2014 and keeping it up to date, a litigation Dear Diary \u2014 well, you haven&#8217;t been paying attention.<\/p>\n<p>The only difficulty I foresee is selecting key facts. So let me try this summary on you. It&#8217;s rather long but here are the facts:<\/p>\n<ul>\n<li>January 25, 2008. I broke a bone (a metatarsal) in my right foot.<\/li>\n<li>February 8, 2008. I went to the law firm of Dinkes &amp; Schwitzer, was interviewed by William Hamel, and signed a retainer agreement. I was not given a copy of the agreement.<\/li>\n<li>May 14, 2008. I was deposed by the City of New York. (Dinkes had filed a Notice of Claim against the City, in case it, not the owner of the building, was responsible for the sidewalk.) I was represented by an out-of-firm lawyer, hired by Dinkes for this purpose. I don&#8217;t know when the Notice of Claim was filed or what it stated; I was never sent a copy. Shortly after the deposition, I was mailed the transcript to review, make corrections, sign in front of a notary and return to Dinkes. I did so. At my own expense, I made a copy of the deposition transcript for my file. Good thing:Dinkes never sent me a copy.<\/li>\n<li>August 19, 2008. I was summoned to Dinkes to read and sign the Verified Complaint. I was not given a copy.<\/li>\n<li>August 21, 2009. I was summoned to Dinkes to sign the Verified Bill of Particulars (a type of discovery document). I was not given a copy.<\/li>\n<li>January 6, 2010. A Dinkes letter informed me my deposition by the insurance company for the defendant had been scheduled for February 4.<\/li>\n<li>February 3, 2010. I went to Dinkes and was prepped for my deposition by an out-of-firm lawyer.<\/li>\n<li>February 4, 2010. I was deposed.<\/li>\n<li>March 19, 2010. A Dinkes paralegal mailed my deposition transcript, requesting my review, corrections and notarized signature. I did all this; I did not make a copy of this transcript for my files. I never received a copy from Dinkes.<\/li>\n<li>March 31, 2010. I received a letter from Dinkes, informing me that an appointment had been made for me to be seen by the defendant&#8217;s podiatrist. The letter warned me about all the things I shouldn&#8217;t allow the podiatrist to do, i.e., take an x-ray of my foot.<\/li>\n<li>April 13, 2010. I saw the podiatrist; I obeyed my lawyer&#8217;s bans.<\/li>\n<li>June 3, 2010. After noticing on the Supreme Court data base that several court conferences in my case had been held and\/or adjourned, I called the Dinkes associate assigned to my case to find out what was going on. He explained: once discovery had been completed, a Note of Issue (NOI) would be filed, announcing that we&#8217;re ready to go to trial. Then the defendant&#8217;s insurance company should get serious about discussing a settlement.<\/li>\n<li>August 17, 2010. Got a letter from Dinkes, setting another appointment with the defendant&#8217;s podiatrist. This time, I was told, he would be permitted to take x-rays of my foot.<\/li>\n<li>August 26, 2010. I saw the defendant&#8217;s podiatrist, again. He took x-rays.<\/li>\n<li>November 4, 2010. Called Dinkes to find out what was going on. The associate I&#8217;d last spoken to was &#8220;no longer with the firm.&#8221; I asked to speak to the woman whom, I was told, was now handling my case. She had just been given the file and needed to get herself informed; she&#8217;d call me in a week. I never received a call.<\/li>\n<li>December 22, 2010. Called Dinkes and asked to speak to the associate assigned to my case. She was &#8220;no longer with the firm.&#8221; I left a message for Bill Hamel to call me with the current status of case. Hamel did not call me back.<\/li>\n<li>January 4, 2011. Called Dinkes; asked to speak to the lawyer handling my case. I was told the lawyer was in a meeting. Could I leave a message? Who was the lawyer, I asked? Bill Hamel. This time Hamel did return my call but I was out when he called.<\/li>\n<li>January 12, 2011. Called Dinkes; left message for Hamel: I wanted an appointment to go over the case. Left four available dates. I received no response.<\/li>\n<li>January 20, 2011. A Dinkes paralegal called. Marc Mauser was now the attorney on my case. He needed me to come to the office and sign a new complaint. I asked why was there a new complaint? She didn&#8217;t know. I made an appointment for the following day.<\/li>\n<li>January 21, 2011.\u00a0 At Dinkes&#8217; office I was presented with a new complaint. I demanded an explanation: why, after three years, was there a new complaint? Nobody was available to tell me. I told them I would not sign without an explanation and insisted on seeing Mauser. After I was kept waiting for a while, I met Mauser who explained that during the defendant&#8217;s deposition, the building&#8217;s manager had taken the rap for the sidewalk. So why weren&#8217;t we filing an <em>amended<\/em> complaint, I wanted to know? Because, Mauser said, discovery was complete and time to amend the complaint had run out. I wasn&#8217;t satisfied with the explanation; also, I expressed surprise that there had been a deposition about which I hadn&#8217;t been informed and to which I hadn&#8217;t been invited to attend \u2014 my right as plaintiff. I signed the new complaint. I was not given a copy of the defendant&#8217;s deposition transcript.<\/li>\n<li>January 21, 2011. The new complaint was filed in Supreme Court. I know this only because I found it on the court data base. I was not sent a copy.<\/li>\n<li>February 18, 2011. I called Dinkes, spoke to a paralegal and asked for a copy of the retainer agreement. He e-mailed it. It was a sloppy Blumberg form and was not countersigned by any lawyer at Dinkes.<\/li>\n<li>June 2, 2011. I e-mailed Mauser, asking for status of case. He did not respond.<\/li>\n<li>June 6, 2011. I e-mailed Mauser again, reminding him I wanted an answer to my 6\/2 e-mail. He did not respond.<\/li>\n<li>June 10, 2011. I called Dinkes and asked to speak to whichever associate was handling my case. I was told he was in court. I left a message for him to call me. He did not call me.<\/li>\n<li>July 13, 2011. I e-mailed Mauser, reminding him of my two unanswered e-mails and one unanswered call to the associate. Since I had never received responses, I would go to court the next day and find the associate to get a status report. Mauser did not respond.<\/li>\n<li>July 14, 2011. I went to court. Found associate; we chatted. He told me that all discovery was in hand. By next court date (9\/22) settlement discussions should begin.<\/li>\n<li>September 16, 2011. I e-mailed Mauser: court data base had no record of NOI. Had negotiations begun? I asked him to fill me in on status of the case. I wrote that if I didn&#8217;t hear from him, I&#8217;d be at the 9\/22 court conference. I did not hear from him.<\/li>\n<li>September 22, 2011. I did not go to court: according to the court data base, the conference had been adjourned.<\/li>\n<li>October 2, 2011. <em>The New York Times<\/em> Best Lawyers supplement had an ad for Dinkes &amp; Schwitzer, stating &#8220;Dedication to Clients: client contact is the firm&#8217;s most paramount principle. An attorney, not a paralegal or a secretary, regularly advises clients of the progress of their case.&#8221;<\/li>\n<li>October 4, 2011. I wrote a sarcastic letter to Bill Schwitzer in response to the above ad.<\/li>\n<li>October 5, 2011. Mauser called me; my letter had gotten him yelled at by Schwitzer. But maybe before the holidays he could call me with &#8220;good news.&#8221;<!--more--><\/li>\n<li>October 25, 2011. A Dinkes paralegal called. Mauser wanted to see me. I made an appointment for 11\/3\/2011.<\/li>\n<li>November 3, 2011. I met with Mauser. He told me settlement offer was $30,000. I was disappointed but eventually signed the settlement agreement. I was not given a copy. Mauser told me he thought everything would be completed by February 2012.<\/li>\n<li>December 27, 2011. Medicare sent me a conditional payment list. It was four pages and radically incorrect, including many expenses not related to the foot injury.<\/li>\n<li>January 5, 2012. I e-mailed Mauser and told him about the Medicare letter. I asked if he&#8217;d done anything about it, and asked for advice about what I should do. &#8220;Could you confirm you&#8217;ve read this e-mail?&#8221; He did not respond.<\/li>\n<li>January 19, 2012. I e-mailed Mauser. I had finished a four-page letter to Medicare with corrections. &#8220;I have not heard from you about this. I would have thought your firm should have done this work in conjunction with me&#8230;Please respond to this e-mail.&#8221; He did not respond.<\/li>\n<li>January 20, 2012. I mailed the package I&#8217;d prepared to Medicare and copied Mauser. I did not hear from him.<\/li>\n<li>January 26, 2012. I sent a certified letter to Schwitzer reporting everything that had happened, copying my e-mails. I said I couldn&#8217;t get any response from Mauser or anyone else at his law firm. I demanded, and listed, all the documents I wanted them to send me. I also wanted a copy of a draft OCA closing statement.<\/li>\n<li>A few days later. I received phone messages from a Dinkes paralegal. I did not respond.<\/li>\n<li>February 1, 2012. Bill Hamel called. He asked if Medicare hadn&#8217;t been explained to me? I said of course it had, I&#8217;d given them all the relevant documents years previously, and now, because I couldn&#8217;t get a response from his law firm, I had done all the work. He said &#8220;I didn&#8217;t call to pick a fight with you.&#8221; I reminded him I wanted copy of my entire file. He said, &#8220;We&#8217;re not trying to hide anything from you.&#8221;<\/li>\n<li>February 17, 2012. Mauser wanted me to come in and pick up my file. I wasn&#8217;t available when he suggested. I told him I&#8217;d call when I could come in.<\/li>\n<li>February 29, 2012. I e-mailed Mauser and told him that before I picked up my file I wanted to see the draft closing statement, i.e., the settlement cost breakdown. No response.<\/li>\n<li>March 15, 2012. I sent a letter to Mauser with the corrected Medicare conditional payment summary (the work I had done entirely on my own). I reminded him I still hadn&#8217;t received the draft closing statement. &#8220;I find the continued lack of response from your firm inexplicable,&#8221; I wrote.<\/li>\n<li>March 20, 2012. A Dinkes paralegal called; she would e-mail the closing statement.<\/li>\n<li>March 28, 2012. I wrote to Mauser, cc Schwitzer, questioning items on the OCA Closing Statement draft. I wanted explanations and, in certain cases, wanted to see the invoices.<\/li>\n<li>March 28, 2012. I e-mailed Mauser, informing him I was sending a letter with my reaction to closing statement. No response.<\/li>\n<li>April 6, 2012. I sent a letter to Mauser cc Schwitzer, enclosing my 3\/28 letter and demanded a response by Friday, April 13.<\/li>\n<li>April 13, 2012. I did not receive any response.<\/li>\n<\/ul>\n<p>So here we are. Tomorrow I&#8217;ll be filling out the form from the Supreme Court, Appellate Division, First Judicial Department, Departmental Disciplinary Committee, and sending it to 61 Broadway, 2nd Floor, New York, NY 10006.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Wow. This &#8220;grievance against lawyers&#8221; category has grown into a book-length misadventure, hasn&#8217;t it? As I&#8217;ve said previously, I never imagined I&#8217;d be availing myself of the grievance process against any lawyer, but especially not against a personal injury lawyer &hellip; <a href=\"https:\/\/sidebarforplaintiffs.naomifein.net\/?p=8126\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1175],"tags":[6,32,4,436,30,487,68,369,3],"class_list":["post-8126","post","type-post","status-publish","format-standard","hentry","category-the-facts-of-life","tag-experienced-plaintiff","tag-how-lawyers-drive-clients-crazy","tag-interpreting-lawyers","tag-law-and-the-courts","tag-lawyers","tag-problems-with-lawyers","tag-settlement-negotiations","tag-time-lines","tag-understanding-lawsuits"],"aioseo_notices":[],"aioseo_head":"\n\t\t<!-- All in One SEO 4.9.10 - aioseo.com -->\n\t<meta name=\"description\" content=\"I&#039;ll be filing a grievance against Dinkes &amp; Schwitzer. 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