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Clients usually justifiably expect an attorney
to pursue their cases diligently. A client
who does not care about his or her own case
enough to talk with the attorney periodically
(and check that the attorney is actually
doing something, particularly where retaliation
is ongoing), may well be ignored. This lapse
may compromise the client's case. On the
other hand, some clients become pests and
may not realize that the attorney is not
his or her therapist, or has other clients
and a personal life, or that litigation includes
slow periods. Problem attorneys also exist,
including those who lie to clients or otherwise
commit malpractice.
- When the attorney promises to do something
(write a letter, file a legal response, or
even settle the case) within a short time,
but then keeps revising the estimate backward,
this can be a red flag (usually in hindsight). Most clients will try to accommodate the
attorney, at least at first. After all, unexpected
difficulties may have arisen. However, repeated
delays over several months may indicate the
attorney may not respect the client, or the
standards of professional conduct. All too
often, lazy attorneys just say what they
think a potential client wants to hear in
order to get hired. Such clients may well
not be getting their money's worth.
- Finally, remember this is a deadline-driven area
of law. Often agencies do not inform employees about deadlines, because
neither
the MSPB or Federal Circuit consistently
insist upon it, despite regulations to the
contrary. Lawyers know some colleagues often
miss deadlines. However, they almost never
risk trouble by bringing this the attention
of appropriate bar or judicial authorities,
much less the public. Agency personnel are
particularly solicitous if the attorney
quickly drafts a settlement agreement, which
usually includes language that the client
is satisfied with the attorney's services.
Of course, clients left stewing in a retaliation
situation are by definition being abused
and often will jump at a prospective solution,
especially if the attorney chooses not to
explain the consequences. Thus, for an agency,
attorney procrastination and even downright
malpractice becomes a "no harm, no foul"
scenario.
Talk to family and friends. Exercise. Laugh.
By all means keep making new friends. Get
enough sleep and eat healthy foods. Make
sure to go to the doctor and dentist for
those regular checkups, and to address any
illness that happens. Contact whistleblower
organizations to find others who have lived
through similar situations. Talk to a priest
or therapist (especially if you can find
one recommended by trusted friends). Keep
your sense of humor, if at all possible.
Of course retaliation is usually designed
to get the whistleblower to crack, stress
out, or whatever cynical, paranoid or pragmatic
spin you want to put on the situation. Hearing
the cliche about what does not break you
makes you stronger probably does not feel
very comforting at this point.
Although some clients do not ask for bills
for fear of their size, this can be penny
wise and pound foolish. Ask for billing statements,
especially if you are not getting them regularly.
Attorney Fees.
- Attorney ethics require the attorney to account
for how he has earned (spent) a retainer,
and the contract with the attorney (sometimes
called an engagement letter) usually says
so too. Unfortunately, some over-committed,
lazy or not terribly ethical attorneys use
bills to manipulate their clients. These
don't send bills until they far exceed the
retainer, or wait until just before a crucial
deadline and threaten to quit. Or they submit
one-line bills instead of the hourly billing
statements that courts require. These practices
all hide real problems.
- While no one likes to receive bills, regular
billing prevents some later problems, by
giving clients necessary information to evaluate
the relationship. Clients receiving large,
tardy bills may well feel ambushed, especially
if they see items they were never told about,
or learn that the attorney claims to have
spent many hours familiarizing himself with
the documents and law without ever drafting
a memo or document to substantiate that effort,
or simply seems to be educating himself at
the client's expense. Some attorneys submit
tardy bills with multiple telephone conversations
with one agency official, indicating nonproductivity
more than real value. Others receiving high,
late bills notice no corroboration for legal
research and telephone calls the attorney
previously claimed that to have taken on
the client’s behalf. Hence, the notes advice.
- Skeletal bills for "services rendered"
can hide lack of actual effort and legal
skills. Many attorneys charge clients for
telephone calls (at least over a minimal
length) and meetings. [Therapists and career
counselors probably charge a lot less.] If
the attorney fails to return a client's telephone
calls or only glances at or says he has read
a document the client has prepared and given
him and that it is "fine," the
attorney may be simply lazy, as a more detailed
bill would show.
- If you catch your attorney in a lie, the
simple advice is to get another attorney
fast. While the temptation is to consider
this an isolated incident and try to "work
this out," the problem is likely to
recur. This is especially so if the attorney
refers to an upcoming settlement, how a lazy
attorney can make money. Bar authorities
and the MSPB may well well sympathize with
the attorney. Criticism of this profession's
as unable to police itself has been going
on for years, to little effect, and the MSPB
is one of the least consumer-protective federal
agencies.
Most ethical attorneys
will clear documents (such as briefs or settlement agreements) with their
clients before filing them in court or sending them to
the other party. The best practice is also to send the client copies of documents received
from an opposing party, allowing the client
not only an opportunity to see what the attorney
is doing, but to make suggestions and request
explanations. Empowering clients usually
indicates a healthy attorney-client relationship.
An attorney who does not may be disorganized,
lazy, or even putting his or her own comfort
or financial interest first. At the very
least, he does not value (or tolerate) his
client's input, a warning sign of trouble.
- Some attorneys retain documents as a strategic
move against their clients. Some state bar
authorities allow attorneys to keep client
files until their claimed fees are paid;
others don't. All too many attorneys in both
types of jurisdictions ignore the client's
right to receive copies of that correspondence
in the first place. Less ethical attorneys
almost strategize against clients--using
economic shock from a high, long-delayed
and idiosyncratic bill, combined with failures
to forward documents, to prod the client
toward settlement on unfavorable terms. All
too often, the attorney's prime goal is agency
payment of all that attorney's claimed fees
to settle, no questions asked. For the client,
litigation without the complete file, or
litigation with the attorney, are both expensive.
Clients justifiably feel victimized, abandoned
and betrayed--by its cost as well as because
it further delays the case (especially if
promises of speedy resolution were why the
client hired the attorney in the first place).
Self-help is precaution--insisting on both
pre-clearing and forwarding documents.
- Preparation. Preparation by attorneys and their
clients affects both litigation results and settlement
terms. Some attorneys suggest clients draft
some responses and the like in order to save
legal costs. This may be a good idea, provided
the attorney remains closely involved. The
attorney contributes legal expertise, as
well as perspective and writing ability;
the client knows the facts of his or her
case intimately. A few lazy attorneys make
few comments or changes before filing; flattery
hides that the client is not getting his
money's worth. Presumptions of settlement
may be linked to the same lazy attitude (compounded
where deadlines are missed), likewise to
the client's detriment. Some may not bother
to make sure the client understands the terms
and circumstances, nor inform government
employee clients about the MSPB's disinclination
to review.
Most people do not initially realize that
the whistleblowing and the retaliation experience
does not end with the next job. Depression
will probably lift without the bullying and
with new friends. However, cynicism or wariness,
even outright distrust of supervisors or
"the System," are also common byproducts,
especially where the situation lasted long
enough to create a post-traumatic stress
disorder. This does not mean that an attorney
can or must act as a therapist or a career
counselor, but should have referrals to those
professionals available where necessary or
requested. A realistic assumption is that
retaliation will affect a former whistleblower's
next several employment situations, if not
his or her entire career path. |