Oct 28, 2021 · Lawyer Who Won $9.5 Billion Judgment Against Chevron Reports to Prison Steven Donziger, an environmental activist who won what is considered the largest ever lawsuit against an oil company, was ...
Sep 09, 2021 · In most cases, a board of lawyers and non-lawyers will review the complaint. If there’s a potential ethical violation, the board will give the lawyer a copy of the complaint and an opportunity to respond. In some states, the complaining party has a chance to comment on the lawyer's response and request an investigation.
Feb 21, 2021 · An attorney who filed a lawsuit seeking to overturn the 2020 presidential election results in at least five battleground states was officially referred on Friday to …
Jan 29, 2020 · Steven Donziger won a multibillion-dollar judgment against Chevron in Ecuador. The company sued him in New York, and now he’s under house arrest. Sharon Lerner
In most states, you can file your complaint by mailing in a state-issued complaint form or a letter with the lawyer's name and contact information, your contact information, a description of the problem, and copies of relevant documents. In some states, you may be able to lodge your complaint over the phone or online.
When a client fires a lawyer and asks for the file, the lawyer must promptly return it. In some states, such as California, the lawyer must return the file even if attorneys’ fees haven’t been paid in full. Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on.
State Disciplinary Boards. Each state has a disciplinary board that enforces state ethics rules for lawyers. The board is usually an arm of the state’s supreme court and has authority to interpret ethics rules, investigate potential violations, conduct evidentiary hearings, and administer attorney discipline.
Lawyers are given a lot of responsibility and often deal with serious matters, from criminal charges to child custody to tax and other financial matters. When you hire a lawyer, you are trusting him or her to represent your interests in the best manner possible. To protect the public—and the integrity of the legal profession—each state has its own code of ethics that lawyers must follow. These are usually called the “rules of professional conduct.”
Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on. They must also be sufficiently prepared to handle matters that come up in your case, from settlement negotiations to trial. Conflicts of interest.
In most cases, a board of lawyers and non-lawyers will review the complaint. If there’s a potential ethical violation, the board will give the lawyer a copy of the complaint and an opportunity to respond.
Lawyers who don’t live up to their ethical obligations can face discipline from a state board. Lawyers are human, and like everyone else, they sometimes make mistakes when representing clients. In some cases, the mistakes are small and easily fixable—for example, not filing enough copies of a document with the court or needing to reschedule ...
Boasberg, an Obama appointee, wrote in his ruling at the time that the attorneys involved could be subject to sanctions, adding it was "not a stretch to find a serious lack of good faith here.”
Boasberg , an Obama appointee, wrote in his ruling at the time that the attorneys involved could be subject to sanctions, adding it was "not a stretch to find a serious lack of good faith here.”. Judge clears way for Larry Elder to appear on California recall ballot.
Boasberg said that Kaardal’s explanations for bringing the lawsuit were inadequate, adding that the attorney will be referred to the court’s Committee on Grievances “so that it may determine whether discipline is appropriate.”.
The Washington court’s grievance committee oversees complaints against attorneys that could warrant actions such as disbarment, suspension, censure or some other type of reprimand. The lawsuit was filed in late December by voters from five battleground states won by President Biden.
Boasberg said that Kaardal’s explanations for bringing the lawsuit were inadequate, adding that the attorney will be referred to the court’s Committee on Grievances “so that it may determine whether discipline is appropriate.”
In the court order, U.S. District Court Judge James Boasberg for the District of Columbia argued that the lawsuit brought by Minnesota lawyer Erick Kaardal on behalf of voters in several states contained “numerous shortcomings,” including the “flimsiness of the underlying basis for the suit.”
Giuliani suspension should worry all lawyers. An attorney who filed a lawsuit seeking to overturn the 2020 presidential election results in at least five battleground states was officially referred on Friday to receive potential disciplinary action.
Few news outlets covered the detention of Steven Donziger, who won a multibillion-dollar judgment in Ecuador against Chevron over the massive contamination in the Lago Agrio region and has been fighting on behalf of Indigenous people and farmers there for more than 25 years.
But even though the underlying case was civil, the federal court judge who has presided over the litigation between Chevron and Donziger since 2011, Lewis A. Kaplan, drafted criminal contempt charges against him.
Instead, that case was decided solely by Kaplan, who ruled in 2014 that the Ecuadorian judgment against Chevron was invalid because it was obtained through “ egregious fraud ” and that Donziger was guilty of racketeering, extortion, wire fraud, money laundering, obstruction of justice, and witness tampering.
That year, Chevron filed a Racketeer Influenced and Corrupt Organizations, or RICO, suit against Donziger in New York City. Although the suit originally sought roughly $60 billion in damages, and civil trials involving monetary claims of more than $20 entitle a defendant to a jury, Chevron dropped the monetary claims two weeks before the trial.
Despite Donziger’s current predicament, the case against Chevron in Ecuador was a spectacular victory. The twisted legal saga began in 1993, when Donziger and other attorneys filed a class-action suit in New York against Texaco on behalf of more than 30,000 farmers and Indigenous people in the Amazon over massive contamination from the company’s oil drilling there. Chevron, which bought Texaco in 2001, has insisted that Texaco cleaned up the area where it operated and that its former partner, the national oil company of Ecuador, was responsible for any remaining pollution.
The Chevron case may be most devastating for the plaintiffs in the Amazon, who never received their judgment despite being left with hundreds of unlined waste pits and contaminated water and soil from millions of gallons of spilled crude oil and billions of gallons of dumped toxic waste.
So on August 6, Donziger left a Lower Manhattan courthouse unnoticed and boarded the 1 train home with an electronic monitoring device newly affixed to his ankle. Save for the occasional meeting with his lawyer or other court-sanctioned appointment, he has remained there ever since.
When he appealed this, claiming the devices contained sensitive client information, the judge, Lewis Kaplan, hit him with criminal contempt charges, upheld on appeal, that led to his house arrest.
Donziger spearhead ed a lengthy crusade against the company on behalf of tens of thousands of Indigenous people in the Amazon rainforest whose homes and health were devastated by oil pollution, only to himself become, as he describes it, the victim of a “planned targeting by a corporation to destroy my life”.
Steven Donziger has been detained at home since August 2019, the result of a Kafkaesque legal battle stemming from his crusade on behalf of Indigenous Amazonians.
Kaplan’s conduct, Donziger said, has been an “abomination, unethical and abusive. I never thought this could happen in the US.”. Other lawyers have voiced more measured concerns over Kaplan. Chevron has “captured” the judge, Donziger said, and now the oil company seems omnipresent in his fate.
Chevron is not involved in that case.”. In Donziger’s eyes, the only real corruption has occurred in the US system, not Ecuador’s, a symptom of what he views as a “colonial” mindset that has airily dismissed judgements made outside the US and obscured the ultimate protagonists of this saga, the people of Lago Agrio.
Christiana Ochoa, an expert in environmental law at Indiana University, said Kaplan and Preska’s connections do not themselves prove any sort of bias, and that Kaplan’s strongly worded judgment suggests “not great behavior” by Donziger. But she added that the severity of Donziger’s treatment is “odd” and that questions remain over the conflict of interest in his prosecution.
Donziger denied any wrongdoing and the Ecuador supreme court later affirmed the original ruling, but Chevron has refuse d to pay the $9.5bn in damages.
Steven Donziger, a lawyer who won a multi-billion dollar judgment against Chevron on behalf of Ecuadorian villagers, has been found guilty of six contempt charges. Photograph: Brendan McDermid/Reuters
On Monday, US district judge Loretta Preska ruled that Donziger was guilty of six contempt charges brought against him for refusing to hand over evidence in a complex legal wrangle that has pitted the lawyer directly against Chevron.
Preska’s judgment explicitly denies the lawyer has been the victim of a conspiracy, however. “Contrary to Mr Donziger’s assertion that his conviction was ‘pre-ordained’, the court finds him guilty on each count for one reason and one reason only: Mr Donziger did that with which he is charged. Period,” she wrote.
Chevron has accused Donziger of bribing the judge in Ecuador and ghostwriting the final verdict, an accusation he strenuously denies. However, in 2016 a US judge, Lewis Kaplan, found that Donziger was involved in racketeering activity and granted Chevron seizure of the lawyer’s laptop and phone. When Donziger appealed against this, he was hit with the contempt charges and placed under house arrest.
It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds for a negligence suit if your lawyer missed an important deadline, failed to prepare for trial, or failed to follow court orders. Breach of contract. Breach of contract occurs when a lawyer violates ...
Report the lawyer to your state’s disciplinary board. Every state has a board that disciplines lawyers for ethical violations. If your lawyer isn’t communicating with you or listening to your wishes, this might get his or her attention. In some cases, the board might order the lawyer to compensate you for a clear financial loss—for example, if your lawyer took fund from your client account. (To lean more, see our article on reporting a lawyer for an ethical violation .)
Breach of fiduciary duty. Lawyers owe certain fiduciary duties to their clients, such as the duty of loyalty and duty of confidentiality. Your lawyer must act in your best interests and must keep your communications confidential.
Lawsuits against lawyers usually fall under three categories: negligence, breach of contract, and breach of fiduciary duty . Negligence. Negligence is the most common grounds for a malpractice lawsuit. It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds ...
Your lawyer owed you a duty to competently represent you.
The time limit for filing a legal malpractice case can be as short as one year.
If you’re not happy with your lawyer, you can: Switch lawyers. If you haven’t suffered much damage yet, you may want to consider simply hiring a new lawyer. You’re free to switch lawyers at any time, except in rare cases.
If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.
If your lawyer does not respond, or subsequent meetings or conversations are not fruitful, consider suggesting mediation to work out your communication problems if you still want this lawyer to represent you. A bad deskside manner doesn't mean that the lawyer isn't an excellent lawyer, and it can be difficult to find a new one in the middle of a case.
Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.
If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:
A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.
If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.
A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.
The Lawyer Who Became DuPont’s Worst Nightmare. Rob Bilott was a corporate defense attorney for eight years. Then he took on an environmental suit that would upend his entire career — and expose a brazen, decades-long history of chemical pollution.
J ust months before Rob Bilott made partner at Taft Stettinius & Hollister, he received a call on his direct line from a cattle farmer. The farmer, Wilbur Tennant of Parkersburg, W.Va., said that his cows were dying left and right. He believed that the DuPont chemical company, which until recently operated a site in Parkersburg that is more than 35 times the size of the Pentagon, was responsible. Tennant had tried to seek help locally, he said, but DuPont just about owned the entire town. He had been spurned not only by Parkersburg’s lawyers but also by its politicians, journalists, doctors and veterinarians. The farmer was angry and spoke in a heavy Appalachian accent. Bilott struggled to make sense of everything he was saying. He might have hung up had Tennant not blurted out the name of Bilott’s grandmother, Alma Holland White.
But last June, based on a comprehensive review of previous health studies, Philippe Grandjean of the Harvard School of Public Health and Richard Clapp of the University of Massachusetts-Lowell named an ‘‘approximate’’ safe level of 0.001 p.p.b. Soon thereafter, the nonprofit Environmental Working Group analyzed two years of E.P.A. survey data to find that this threshold had been exceeded — in some cases by factors of 100 or more — in 94 water systems across 27 states. Below, the estimated number of people in each state whose drinking water is affected.
The farmer, Wilbur Tennant of Parkersburg, W.Va., said that his cows were dying left and right. He believed that the DuPont chemical company, which until recently operated a site in Parkersburg that is more than 35 times the size of the Pentagon, was responsible.
Not only had Taft recouped its losses, but DuPont was providing clean water to the communities named in the suit. Bilott had every reason to walk away.