What do you think of this?

[MooseMom]

Sorry...this was just a boring rant about something that made me mad, and I'm deleting it.  Never mind!

[Rerun]

Okaaaa

   

[MooseMom]

You know how sometimes you vent here on IHD and then go back and re-read what you've written and thing, "No one cares about this stuff!  This is just too self-indulgent." ? 

I vented somewhere else; I wrote a justifiably nasty letter to those responsible.  So I'm good.

[Riki]

I do that on facebook all the time.... *LOL*

[jbeany]

Okay - how about this - everyone list the top three things they would like to vent about, but you haven't vented at those who annoy you because it's just too much effort.  Me first!

1.  My neighbor has refused to let her grown son smoke in their apartment.  She sends him out to the walkway between our entrances.  She's even installed a flowerpot/ashtray to collect the smelly butts.  Every time he lights up out there, the smoke seeps in my front door.  Uggh.  I've considered complaining to the apartment manager, but figure it will just make them even more unfriendly and idiotic.   

2.  Idiots who run late for class like to parallel park along the back of the parking lot area, right behind the last row of cars.  It's not a parking spot, but apparently campus security has no authority to write tickets or have the cars towed.  If you park in the last row of cars, it's nearly impossible to back out of your LEGAL spot because of the car wedged in behind. It's usually something like a 15 point turn to get out of the space without hitting the car behind you.  I've been tempted to put a rude note on their windshields, but haven't had the energy.  I've also been tempted to just ram the fools, considering that my car has been rear-ended twice already and I'd never notice one more dent...but I've resisted temptation so far.   

3.  One of the assignments for my Advanced Litigation class was to do two presentations on a legal case or article of your choice.  These could be scheduled at any point during the 16 week semester.  I had mine done, as well as a 3rd for extra credit before week 6.  The final class was last Monday.  If there hadn't been any presentations to be done, we all could have just dropped off our take-home exams and final projects and been done in minutes.  After all the hours spent on the exams and projects, plus the whole rest of exam week to go for all our other classes, no one really wanted to stay.  Of the 16 people in the class, 5 still needed to do a presentation on the very last day.  Only one of them was even for last minute extra credit.  So we all were there for hours.  Get organized, people!!!  Your lack of planning does not constitute a reason for greater effort on my part, darn it.  *sigh*  But I stayed for the whole class anyhow.   

[Gerald Lively]

Obviously you do not use your index finger often enough.

[MooseMom]

Jbeany, you may appreciate this story...

You may remember that my mom died last year; her husband was named first executor in her will, but he declined because of poor health.  I was named second, but I declined for the same reason (and I was out of state AND I was going through the pre-transplant eval stuff).  So the family attorney was named third, and he agreed to be executor.

He had been my family's attorney since 1992; he drew up my dad's will, administered his estate upon his death, drew up my mom's will and executed that.  He and I didn't know each other, but our working relationship was fine.  He was a sorta good ol' boy, old timey country lawyer.  He seemed competent and friendly and thorough.  He had been paid by my parents through the years for all of his work.

In June, he wrote to me to tell me that the estate was almost closed (after a year), and that because he felt he had done such good work for my family, he should get a "good results fee" of $30,000, which was more than he had paid himself for work done on the estate.  Furthermore, this money was not to come out of estate funds but, rather, out of my personal bank account.

This came as a complete surprise; it's like getting a transplant and having the surgeon approach you a year later and asking for a "good results fee" because you are still peeing.

I lodged a complaint with the Disciplinary Counsel at the State Bar because I thought this was highly unethical.  Remember, I was not his client.  The estate was his client.  But it was ME from whom he wanted payment.

I fired his butt and hired a new lawyer who promptly told me that the first lawyer should be removed asap.  Fortunately, Mr. Good ol Boy was so rattled by my complaint that he removed himself with little fanfare.

I received a letter from the Disciplinary counsel saying that she determined that he had not committed professional misconduct and that my grievance would be dismissed.  I am not allowed to appeal, and I am entitled to no explanation.  I shot back a letter to her that while I may have no right to any recourse nor to any explanation, I had a right to voice my incredulity that she would allow this behaviour, and I asked if she didn't label a request for a whopping $30,000 "good results fee" as professional misconduct, then what WOULD she label it?  How about uncontrolled avarice?  Spectacular bad judgment?  Or perhaps a joke?

I don't care about my complaint being dismissed, but to be told that I had no right to an explanation is cowardly and abysmal and reinforces every negative stereotype assigned to lawyers.

Since I slept until almost noon (it has been so DARK and gloomy here!), I had the energy to compose the most scathing letter I could compose.  I just haven't sent it yet.

[Riki]

I have nothing that I haven't vented openly either here or in other places around the internet

[jbeany]

MM- I do indeed, appreciate that story.  I must remember to pass that along to one of my professors - especially the one who teaches the legal ethics class.   

Still trying to figure out under what what version of the Grounds for Discipline that his actions don't qualify as misconduct.  Good ole boy must have some good ole friends on the local disciplinary board!   

Michigan rules provide the person filing the complaint with the right to petition the disciplinary board for a review of their decision.  Likely an option for you as well, if a letter is insufficient for you.  You'd have to find out the procedure from the new lawyer, and you probably have a time limit similar to Michigan's 21 days.  Just a thought, not advice - no unauthorized practice of law for me, thankyouverymuch!

[MooseMom]

Jbeany, I actually did speak to my new lawyer about this.  She at one time served on such a panel, so she was interested in the outcome.  She told me that at least in the State of xxxxx, the lawyers on the Panel are poorly paid and spend their time on more egregious misbehaviour, like drunkenness or theft.  Had I actually paid the $30,000 and was now trying to recover it, then my complaint might not have been dismissed.  But since I wasn't out any money (other than the regular fees), they probably didn't pursue it for that reason.  I asked once again if this "good results fee" was common practice, and she yelled "No!  Absolutely not!"  So OK, I can live with that.  But to how many other people is he going to do this?  How many "good results fees" has he been paid over the years?  I still think that because he knew I was sick and was having to faff about with transplant eval stuff, he sought to take advantage.

Under the law in xxxxx, no, I have no right to an appeal.  I can take my complaint to the "Client-Attorney Assistance Program", the state Bar's voluntary dispute resolution program.  It is NOT a continuation of the disciplinary process, so I guess we just all hold hands and sing Kum-ba-yah.

[Jean]

Here is a worthless vent. In Sept. I started to have pain down the front of my left leg. I thought it was another sciatica attack, so I just upped the vicodin and went along. In two weeks, I could not get out of my bed without using the cane to help  me. By Nov. I decided I had had enough and went to a chiropractor. She of course said, she could fix anything. While sitting in her office, I noted the chart that showed the sciatic nerve. and guess what, it only runs down the back of your leg. So, I went to see my primary. He says, no,I dont think it is a pinched nerve, and here are more drugs and lets do an MRI. He thinks there is something wrong with my hip. So, I go to have the MRI and guess what, there is nothing wrong there either. So. for 4 months now, I am having periods of horrible pain every single day. Once in awhile, it gets a little better for a day or two and then it goes back to this killer pain. And I take more drugs, now into Norco. Now, since there is no answer,I am going to go to Physical Therapy. Hopefully, soon even.
Thats all, I dont rant much. But, I do enjoy reading every one else's.

[MooseMom]

Well, Jean, that was a very good rant for someone without much practice!

There is something particularly and uniquely enervating about chronic pain.  And the meds can be so addictive, so please be careful.  I'm very curious to know what is causing it.  When will you start PT?

[Rerun]

OK....  3 years ago the ball of my right foot was hurting and a huge callous was developing, so I went to my GP in Davis, CA (A University of Medicine) and he said "I don't know what is wrong".  So Medicare and my secondary insurance paid $70 for that great piece of advice.  So I figure I'm getting older and that is just life and with the aid of a Ped Egg I was going through life.  Three years later I go to a foot doctor because my toe nails look bad.  So I mention  the ball of my foot.  She takes one look says it is a "corn" and in six seconds it was gone with no pain to remove it.  I step on the Earth for the first time in 3 years and no pain.  NO PAIN!  WTF he didn't know what a CORN was?  That is "The Best Health Care In The World"?  Are you kidding me?  Why didn't he refer me to a Podiatrist if he was too stupid to know what a CORN was.  If I still lived there I'd buy him a can of whole kernel corn and deliver it myself.  IDIOT!

Next....  My neighbor who has been a thorn in my ass since I moved here 2 years ago has no consideration for his neighbors.  First, all the partying until 5 in the morning, then guys moving in and out like a Frat House.  Now, he has moved in his girlfriend, her two boys and their Pit Bull.  I have 2 little adorable priceless Miniature Pincheres.  He promised me that it would always be on a leash.  Three days after the big promise I'm at my door getting ready to take them for a walk.  I open my door and hear her call its name with alarm in her voice.  It comes charging around the corner and goes for my little Tia and she runs in the house because I still had the door open and the damn Pit Bull trys to get in my house when I kicked it out it got my 15 year old Pebbles down and I'm screaming bloody murder and kicked it in the head and it ran home.  I get my girls in the house do a quick check on Pebbles and she is shaken but okay physically.  I race over to see the two studges standing there and I go ballistic on them.  She says it is not a Pit Bull but an American Bull Dog.... look the same and they don't like small animals.  So I called animal control and I pressed charges (after I paid for licenses).      I will not live like this and I guess it has to happen 2 more times before they can do anything.  Really?  My little 15 year old dog has to die or worse a child?  Really?

I guess we all have things in our lives...........   

[Jean]

Actually, MM, I have no idea when I start PT. I understand and appreciate your concerns about drug addiction, and that is not something I am overly interested in doing, however, I figure it this way. I dont drink, I dont smoke any more, I dont carouse with men any more, heck a girl has to have some kind of addiction, no? Seriously, I am trying hard not to take the pain killers, but this is so out of control, I can hardly stand it. Some days, I can go all day and only take one and others I am looking at the clock 2 hours after I have taken a pain pill. Not for any type of "high" but for some relief. Maybe I am just a wimp, but, I dont think so.

[MooseMom]

Oh Jean, I'm so sorry.  I didn't mean to imply that you were some weenie by needing to take pain pills!     And I certainly don't have some kind of moral abhorrence about it!  If you need it, you need it, and you should take it!!  There is nothing noble about pain!  In fact, you should take pain meds BEFORE the pain gets too out of control.  These meds are much more effective if you take them before the pain gets ahold of you as opposed to taking them too late, know what I mean?

Pain pills never made me high.  They made me feel like I was on a boat   but if they brought real relief, I'd take them, and you should, too.

I hope that this isn't an intractable problem and that PT will help.  Going through life with chronic pain must be very difficult.