The Pretender strikes again

Ari Gold vs Josh Weinstein

I suppose that in every profession, there are those that pretend to know what the hell they are doing. They are generally not terribly bright, and don't usually know what they are doing. In the legal profession, I have called them the Pretenders. These are the people that tell potential clients anything to get the clients to retain them.

Of course, in the legal profession, it is unethical to make promises about an outcome of a case. This, however, seems to happen quite a bit in criminal defense cases. And for those in the Fort Worth area, you all know exactly who you are.

I have no problem with people that send out letters to prospective clients. I really don't. But when that letter is really a glossy pamphlet that contains absolutely untrue information about your "firm" and direct implications that you can get a case, any case, dismissed, it's a little ridiculous.

Now, this firm has been around a long time, and everyone in the business knows about them and how they work. No one likes them. Especially the little "attorney" who runs the firm. Normally, I don't give this half-ass firm a second thought. Today, however, is different.

I spoke to a prospective client the other day about her case. It is a serious situation, and anyone who knows what the hell they are doing would know that it would be important to get out ahead of this early with the plan to go to trial. She decided to retain me and all was well. I began working on the initial strategy of how best to defend her from these charges. But something happened. She opened her mail.

The next day, she apparently got some snazzy little brochure about how criminal cases are dismissed all the time for a certain firm. She called them up and was scheduled an appointment to meet with Weinstein. She went in, told her she already had an attorney, but that the attorney had not mentioned anything about a dismissal. She was curious what he could do for her.

Now in this situation, I tend to be very careful about how I handle people that already have an attorney. I never badmouth another attorney. I certainly don't pretend to know more than the other attorney. And no matter what, I never make promises to anyone. But not this guy.

This guy spoke to her and promised her he could get the case dismissed. Yep, you read that correctly. Promised. Dismissed. Plus he told my client that I clearly didn't know what I was talking about because his "firm" gets cases like this dismissed all the time. He knows nothing about the case, and never will, because another attorney in his little "firm" will handle it. I doubt this clown could find the courthouse with a map stapled to his ass.

Normally, if a prospective client hires another attorney that is fine with me. It really is. I have more than enough work. But the prospective actually called me and told me that another attorney told her that her case could and would be dismissed and that I clearly didn't know what I was doing.

So, since there is no one within shouting distance for me to complain to about being told this, I figured I would blog it. Why not. It's the digital age.

So, with this in mind, I give you Ari Gold v. Josh Weinstein, the Pretender. And remember, for all your legal needs, call them at 1-888-dismiss. Pretty much sums it up.

Comments

[Bad Court Thingy]

Hey, no snitchin' doesn't apply to lawyers. If I remember from the MPRE, don't we have a duty to report behavior that violates the ethics code?

As a side note, the Tigers started off the second half the season right, but they're going to have to get a real hot streak going to catch the Twins and White Sox.

[Mark Bennett]

Good rant. I'm tempted to call the number, but I should probably wait till I'll get Weinstein himself on the phone.

[Hunter]

Very frustrating -- I know. I have heard it many times. "I hired someone who is friends with the judge." Or, my favorite, "I hired a former DWI judge." Really? Is your case in a DWI court? No, because there is no such thing.

I enjoy looking at the disposition later. 99% guilty pleas (after they explain to the client how the state screwed them). One time I looked up someone who paid an attorney that guaranteed a NG at about 5x my fee, hired an expert, and lost miserably.

Keep doing the right thing.

[Robert]

Unfortunately, the best we can do for clients scammed by such tactics- is write their appeal.

[Glen R. Graham]

It seems to me that there might be some "criminal" fraud involved or at a minimum some "civil" fraud involved. A really smart client would tape record the conversation. Some lawyer could easily post a blog about how one of the ways of protecting yourself against con-artists is to tape record you conversations. A smart lawyer might refer this matter to a private investigator who would call up the law firm and tape record the conversation. Maybe even go in person and tape record the conversation. Then either bar complaint, play back the tape to the lawyer, and/or police complaint for fraud. Some people think they are "above the law." They are wrong. No one is above the law. No police officers. Not judges. Not lawyers. No one. I hope you blog about this. Suggest a counter-attack advertisement to lawyers that mail out ads that specifically explains in detail this un-ethical practice. Maybe a bar complaint?
Yours in the Defense of Fellow Human Beings,
Glen R. Graham, Attorney at Law, Tulsa, Oklahoma

[Glen R. Graham]

There are some lawyers that are willing to sue another lawyer. They may not be in Dallas, Texas. They may be in Houston or Austin. But, I know there are lawyers that will sue, if a client is smart enough to tape record a lawyer making ridiculous - impossible - promises.
Yours in the Defense of Fellow Human Beings,
Glen R. Graham, Attorney at Law, Tulsa, Oklahoma