BOBBY J. BARNHART, JR.
ATTORNEY & COUNSELOR AT LAW
MEDIATOR - CONSULTANT

1769 Royalsborough Rd
Durham, ME 04222

ph: (207) 865-6633
alt: (207) 841-0744 (cell)

Rules Lawyers Must (or Should) Live By

The process whereby one becomes a lawyers is not complicated.

  • Graduate from an accredited college or university (there are exceptions, but these are very few);
  • Take the Law School Admissions Test (LSAT);
  • Attend a law school (best if it is an ABA [American Bar Association] accredited law school, but not always necessary);
  • Graduate with a JD (Doctor of Jurisprudence) degree (although lawyers who have been in practice since before 1970 may have an LLB [Bachelor of Letter of Laws] degree);
  • Take and pass the admissions test (Bar exam) for the State or Federal jurisdiction (state or district) where one intends to practice (called "sitting for the Bar");
  • Pay requisite fees (annually) and begin practice (either with others in a law firm [or partnership] or as a sole practitioner);
  • Abide by the Bar Rules (the rules governing the practice and conduct of attorneys in a particular jurisdiction - much the same in all 50 states and federal jurisdictions).

You can usually find the full text of the Bar Rules governing the jurisdiction you are interested in on the internet or in your local library.  The following links will direct you to the full text of the rules for the State of Maine, the State of Texas and the Model Rules of Professional Conduct formulated by the American Bar Association.  The Federal Rules vary by jurisdiction, but are similar.

 

REPORT BAD LAWYERS!!!

If you have had a bad experience with a lawyer, you should consider the following before filing a grievance or complaint:

  • A lawyer should do his/her best for you, but he or she cannot always win.  While it is often very difficult just after having lost, you must judge your lawyer's work based upon his/her skill, knowledge, and effort. 
  • Did your lawyer tell you up front that your position was unreasonable?  Did he/she advise you that your chances of success were not good and that you might be wasting you money by proceeding?  Maybe you just had a bad case (although more often than not, your lawyer should have advised you from the beginning if that were true).
  • Many factors influence the success or failure of a lawsuit or trial, not the least of which is the relative intelligence of the jury.
  • Sometime, even the best arguments lose and the wrong side wins (that is why there is an appeals process).
  • Did your lawyer give you advice which you failed to follow?  Do not blame your lawyer for your mistakes.
  • Re-read the engagement letter (or fee agreement letter) you and your lawyer signed at the beginning of the matter. Did your lawyer do everything her/she said he would? Did you?

If after considering the above, you determine that your lawyer acted in bad faith, failed to properly advise you, did not perform as he/she should have, or violated one or more of the rules governing the conduct of attorneys (see above), then you should file a grievence/complaint against the attorney.  In Maine or Texas, follow the links below - elsewhere use your search engine and enter the following: attorney gievance complaint [name of state].

1769 Royalsborough Rd
Durham, ME 04222

ph: (207) 865-6633
alt: (207) 841-0744 (cell)