Legal Question in Personal Injury in New York
(this was my question that didn't go through at first) thx Mr. Kashanian -- actually we spoke on the phone about my case last year and you also answered here that you thought I should take the lawyer to SMC if only to embarrass him but that you thought I had a less than 50% chance of prevailing. I went into SMC knowing I would lose but just to drag him through the coals so-to-speak. Four grueling hours also with the referring big law firm as a 2nd party clearly he was pissed off and nervous and they even tried to apply for a countersuit but was denied by the judge. Actually this was not a malpractice case as the lawyer thought it would take years and very hard to prove. It was a personal injury case and was also hard to prove. It was settled with the hospital for a measly $20,000 and it was my purpose in court to be made whole on my 2/3 instead of the $5700 I got because of an ERISA lien of $93,000 from my former employer which the lawyer never discussed or prepared me for in anticipating the final check. That was my side of the case, failure to communicate in lieu of mainly #6 of my client rights. But could you please answer my main question -- is it true that the Letter of Caution by the Grievance Committee is not admissable/disclosable in court or anywhere else? I was shocked that the judge was so dismissive of it.
1 Answer from Attorneys
Administrative finding by the Bar Association is not determinative of your action against your attorney, nor has it any direct bearing on the issues presented in your action. You still have to prove your case independent of it.