Silence, Avoidance and Why ?
Context and relevance of one Experience
The Short List of personal experiences
Update....
January 12, 2009 they replied. They identified that our problem is a chronic problem with this country. Many out there have had similar experiences as we have - WE ARE NOT ALONE !!!!
Why is it that any dialog stops when they get our list of experiences....
When I contact people at some of the Internet sites, notable recent last contact was September 2008
Citizens for Judicial Accountablity (CJA), they asked for our experiences which I provided in an email and
here, they never responded. I can understand the excuses, I have had them from such organizations as the ACLU who claimed that we might have a case but they were too busy (a polite put off) or the Governor of Virginia Tim Kaine who stated that ours was a local problem. We understand that it may be too late to address in the "legal" theaters but the experiences identify how justice is thwarted for certain classes. Why is it that the
FBI did not respond ?
What I do not understand is a failure to complete a dialog even if it is a polite dismissal - avoidance.
Foundation's ... yeah I like telling the story, it amuses me as the story identifies the metal of the society that I live in.
I first created a site when my girlfriends attorney,
Mr. Thomas E. Burks deserted in 2000, leaving her in debt to a medical specialist and still bankrupt.
By this time we had visited the Archives and found anomalies in
Mr. A. Strode Brent representation / damages. We called around
to find an attorney to address
Mr. Thomas E. Burks desertion, very few attorneys would even consider the case, but one did. We grabbed our stuff and went to their office, this was
when we learned that nothing could be done about the desertion, the Bar was going to take all his assets. Given that
Mr. Thomas E. Burks had told us not to pursue the
divorce/malpractice/abuse of process
issue till after the injury case was completed - five years after the injury, no attorney would touch either issue. Apparently the injury case was too old, despite the "claim" from the Virginia State Bar that it was still an active case.
A real predicament we found ourselves in, this institution called the
Virginia State Bar which used to have
Code of Professional Responsibility, that was changed to
Professional Guidelines and Rules of Professional Conduct.
The old code makes claims about
"integrity and competence of the legal profession", "diligence" and something about "avoiding the appearance of professional impropriety", ethics, professional responsibility - what does those phrases mean ? Here we were with a damaged case as a result of desertion by one of their members and they discarded us, other "members/attorneys" would not touch our case - so how does this institution ensure that its membership is competent, that the client is protected ?
We were trapped in a cascade, because
Mr. A. Strode Brent's "strategy" failed, my girlfriend could not afford transportation, she was bitten by a neighbors dog, five years pass and we learn that this
outstanding member of the Bar was stealing settlements. Out of desperation we took a chance and trusted an alleged family member, they desert and another cascade - we were stupid. Again we hired members of this "Bar" and again evidence was dismissed.
Attorneys
With the past ten years of experience in hand I went to the Internet, surely there would be professional responses to the situation we found ourselves in....
From the Internet I found out that I had
"Sour Grapes", I was a
Pratt and that I was
stupid. This continues to perplex me from this population, where are the "solutions" ? What is this population doing to prevent "conflict of interest" and "desertion" from damaging clients ? What are they doing to cull the "bad apples" that appear in their population, forget about culling, how about just identifying the "bad apples" ? Whatever happened to
Maintaining Integrity and Competence of the Legal Profession. ?
The responses from individuals on the Internet was to call me names, I learned that this is called
Ad hominem attack. Imagine a real professional, a plumber for example calling a potential client names...
I have found that those that resort to name calling usually are very insecure and probably trying to avoid or cover up something - could this be an industry wide
fraud ? Where is the oversight ? Just what is implied when they sell that they are ethical or diligent and then fail to deliver zealous performance on their clients behalf ?
I try to consider what I would do if I chose to be a professional in this "performance" industry that is approached by a potential client with a collection of experiences as we have ?
In an attempt to provide the service I would ascertain the assets that the client has, in my girlfriends cases the therapists and doctors would have provided a log of incidents and issues spanning years/decades - why weren't they contacted ?
Now it could be that
Mr. Donald R. Daugherty was correct and the courts are biased...
I cannot help but wonder about the vehemence of the responses from members of this profession. There have been about two "attorneys" that did discuss the issue with professional decorum, the rest just did the name calling thing.
People
I was expecting a significant population of people with similar experiences to appear and reinforce what I have described. About five people were curious about our experiences and then there is the silence, why ?
I do not believe that ours was a unique situation. What I do believe is that given the vehemence of the responses from members of this profession people with complaints are bullied into believing that the fault lies with their mistakes. This is an interesting concept where a professional blames their employer for their failure to perform.
Then their were the sites, of course they want donations, I would like donations also, but I guess that we have "sour grapes". Most of the sites did not respond even though on their sites they describe similar trends in representation, as if failed representation is the exception. The next question I have is prove that most of these professionals are diligent ? What is being done about identifying the "bad apple" ?
At one time I was considering writing a site that would collect the
attorney grievance metric, given the response that I am getting, this is not worth the effort. There is no interest in ensuring accountability over legal population. The flip side of this is that my site would not be a "trusted" site, this should be done by the institution with members capable of identifying a failed "strategy" to be fair to the professional. A client that has "lost" after the hard fight may have a biased perspective.
I suspect that these others have given up and accepted that they made the mistake, not the professional or their issue was resolved. In our case we had repeated events such that every time we tried to go on we were returned to the theater. Each time we had assets that were not contacted and represented decades of "history" supporting the clients case, if these available, willing assets were not contacted then what else was not used ? Then there is the pressure to accept that the client is the stupid one, I found when talking to the attorneys that when logic or law supported my position the attorney would respond that "they had to eat also". I nearly bought this excuse until
I realized that if they were successful their client might have more assets to pay them and what about the "officer of the court" excuse when an item of question was presented in this performance industry. In context with
Mr. J. Michael Sharman's representation of the husband whose strategy consisted of false statements without foundation and religious context - officer of the court,
abuse of process, how does one get an unengaged attorney to refute a lie ?
I can understand the avoidance, it is sad, because it reinforces the concept that American society is hypocritical, its "rule of law" is really "rule of whimsy" and the people believe the lies pushed by those who profit the most from the lack of oversight....
Virginia State Bar an agency of the Supreme Court of Virginia - oversight or a placebo ?
Code of Professional Responsibility was changed to
Professional Guidelines and Rules of Professional Conduct in
2000....
An institution of avoidance. Somehow the Bar seems to believe that a finding of a valid "strategy" grievance would demand disciplinary actions. After making this claim the Bar then makes the statement that most of its members are diligent, I have a collection of at least ten that I have question with, which of these provided diligent/competent representation ? What foundation does the Bar have to make the "diligent" representation claim ?
In response to a claim from the Bar that my letter had too much to address, I replied that I am starting to have a collection that can identify a trend or discrimination by its members, that the institution cannot identify the "bad apples" in its population, there was no response. Before
Mr. Donald R. Daugherty I thought that we had a string of bad luck, happened upon an endemic problem with this profession. After
CVS case I thought maybe we are on some sort of list, I looked up
Mr. J. Michael Sharman & Mr. A. Strode Brent again - politics, destroy us, attorneys that make the sell and then "process us".
Here is a Washington Post article on my girlfriends attorney that deserted all his clients in 2000,
N.Va. Lawyer Arrested, Accused of Embezzlement, then in 2008 we get a repeat performance of this
A lawyer's misdeeds spur state bar to revisit proposal. There is mention of a "Public Protection Task Force" for the Virginia State Bar, wondering how far that has gone I wrote to the
person in charge
of it, they responded that they would forward my concerns to the "Task Force". It wont help with the damage that these corrupt individuals have done to my girlfriend but maybe it is a start.
I suspect that there will not be any change here, its population has a vested interest in avoiding being accountable for their failed performance. This population of professionals have educated themselves and others into believing that they do not need to be accountable for poor performance, poor strategy.
I vacillate....
Virginia State Bar Public Protection Programs
Virginia State Bar Leaders Examine Public Protection Efforts they will probably examine the issues forever with no solution.
Law Enforcement & Politicians
These people are great at avoidance,
Manassas Virginia Chief of Police John Skinner and the Mayor never responded to my correspondence. Apparently in Manassas Virginia, they do not care about who they hire to roam the streets. I just asked that they review the CVS store video and do their job as I do believe that assault is still a crime and they claim to be "law enforcement". I also wrote to my Representative they responded with a legal aid suggestion, the problem is that we have no confidence in these "professionals", we tried it and were told that there was a wait.
Then there is the FBI and their
Color of Law initiative which has the following in its list:
- excessive force;[*]
- sexual assaults;
- false arrest and fabrication of evidence;[*]
- deprivation of property; and
- failure to keep from harm.[*]
Silence is the response, I sent an e-mail to Richmond branch and they referred me to Washington D.C. branch who then does not bother to respond. For some time I expected another assault, a no knock home invasion...
Thanks to police failure and the courts releasing our street address. We had the opportunity to experience a decade of assaults, stalking, vandalism and harassment by people that should have been "people of interest" according to the publicized initiatives.