Tuesday, September 27, 2011

What is, Attorney Misconduct and what do you do about it when it happens?

What is, Attorney Misconduct and what do you do about it when it happens... to you?

Justice truly is blind sometimes

I know someone, in some town. They have a business. Next to them is a food bank. The food bank sounds like a great thing, but for some reason, the local merchants put up a fight about it coming to that location. At first it sounded like a mean thing to do. But then things became more clear why they were concerned. It seems the food bank is supported by a local Attorney, and this Attorney has a questionable history of dealing with people. This attorney is a multiple property owner. They are apparently doing well enough to own more than their practice as they can support running a food bank.
No one has claimed that the Attorney is in any way making any money off of this project. And that is not here, what is at issue. Next to the food bank is a business. This business has been at that location for many decades. And that, is what is at issue.

The owner recently died and passed the business on to his sons. One of the sons has taken full ownership. His son is working on the business now with him. They have been putting their own money into getting the business up to speed. It seems in the previous owner's end of his life, he let things get a little run down and was having problems coordinating his business and his thoughts.

But now it is all shiney and ready to go. Except for the Attorney, who is setting up a new food bank.

 The business in on the corner and owns the empty lot behind it. And that, is where the whole issue started with the Attorney. The food bank kept putting their garbage on the property of the business next door. What seemed like a nice person, in having a food bank, started immediately to be unreasonable when the business owner asked that they not put their garbage on his property. It seemed like a reasonable request, until the Attorney started being irate and irrational and refusing to follow the law. Who knew that an Attorney, an officer of the court, would be so into breaking laws just to make things easier and cheaper on them. It paints an ugly picture of the individual.

 It got bad. The Attorney was acting irrational and wanted access that wasn't theirs to have, but told their people to go ahead and ignore the wishes of the business and property owner next door. The business owner repeatedly asked that the food bank use their own garbage cans (and put garbage IN the cans) and then keep them on their own property. But this was unreasonable to the Attorney.

So the business owner called the City and had a manager of the local Garbage company come by. He explained the situation and the Manager agreed. In fact, he moved the garbage cans himself to where they should be and told the food bank people what the law was.

 Later, the Attorney found out and was incensed. Then the Attorney filed an injunction for a restraining order against the business owner making wild claims which, when the business owner heard about them, was stunned, as he hadn't done any other things claimed by the Attorney. The Attorney had lied to the court.

And it has since only escalated with the Attorney trying, aparrently, to squash the business owner for contesting their poor manners. It seems others are scared of the Attorney. But this isn't a push over of a business owner. This business was the owner's fathers business for most of his life. This new owner was a construction worker all his life, a hard working man who has his own small farm/garden on his property of several acres in a rural location. His only desire now is to make his father's old business a working concern and maybe pass it on to his son one day.
But the Attorney is repeatedly filing false claims and 911 calls. And it would seem that the Police Officers who show up, know this Attorney quite well and for the most part, they want no part of her either. So, they pressure the business owner. Threatened him with Jail even. And that was wrong. But their hands are tied, because the Attorney is, an Attorney and knows the Law. And isn't afraid to abuse it. That makes the Attorney, dangerous.

I was told many years ago that if you like your freedom, where ever you are, learn the rules because the better you know the rules, the better you know how to abuse them and turn them to your own devices. And this is exactly what the Attorney is doing. Except, this time, they have come up against someone who will not lie down when someone acts crazy or breaks social conventions, or laws. He will fight back.

This is someone who has gone up against the State Government in trying to make clear to them, the laws they are supposed to uphold, and in some cases, have not. More importantly, he is retired. This Attorney is in dire straights and doesn't even know it. But that happens frequently with delusional people.

Someone asked if this Attorney, in how they have been acting, is on drugs, or has gone off their meds. They are pushing their luck. Things have happened like the other day, the owner was on his way in to town. He got a call from his business that the Attorney came into his business with a demand and a worker rightfully said "No."
Then when he got to his business he found out she had called 911 for the Police, again. When they got there she said he had come into her place with a video cam (which her restraining order says he isn't allowed to do, I mean, why would she want anyone to be able to video her so they could prove she is lying?) and said he was yelling and scaring her people and she feared for her life. But the business owners were able to testify to the police that the owner wasn't even there.

This is a horrible situation. What will happen, how it will turn out, is yet unknown. This could end up costing the poor business owner tens of thousands of dollars, all because of a low life Attorney who doesn't like to be questioned or made to follow the laws that make her life harder.

Needless to say, this is a horrible person, possibly a borderline personality, which I strongly think is the case. These are the hardest people to go up against because typically they are intelligent and make you look like you are always that troublemaker. They are professionals at this kind of behavior, to get their own way. They will throw tantrums, be bullies, pressure, cajole, lie, cheat or steal to get their own way. Then turn around and try to look like angels.

I had to work with a woman for five years who was borderline. She made life a nightmare and it always looked like you were the problem. She would go right to HR and complain, claim anything, sexual harassment, minority abuse, ethnic cleansing if it got her what she wanted. Then finally one smart manager gave her a job so she would fail. For years people would clean up the woman's mess. But not this time, not after years of her treating people like crap. Finally, she was fired for incompetence.

But it takes someone with guts to go up against these people. They really need medical, psychological help, but they use the law to fight for their freedom; freedom to abuse those around them. I went through this for years with my mother. We couldn't get her the psychological help she needed because she was just sane enough that no one could claim she needed to be force to get the help she so desperately needed. There are scores of these people who need help but can claim they don't, so they don't get it. They just make everyone else (and themselves if they can be honest about it, but they can't), miserable.

Anyway, the business owner is in a tough situation. But he now has his own Attorney who thinks they can not only beat the Attorney, but get legal fees and $10,000.

Let's hope so, Small business owners have enough grief without well off Attorney's trying to play at charity while damaging the reputation and income of a lawful business owner who himself, has always done what he could for the local community.

Where IS The Equalizer, when you need him?

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