AboutPaul D. Friedman, M.A., Ph.D., J.D. Expertise I have been a practicing civil trial attorney since 1989 and have a master's degree in bioethics and a doctorate of philosophy in comparative ethics of law, medicine and business.
I am Certified as a Civil Trial Specialist by the National Board of Trial Advocacy and am Certified as a Specialist in Injury and Wrongful Death Litigation by the State Bar of Arizona Board of Legal Specialization.
Experience Experience in the area I have been a practicing trial attorney since 1989 and I have a masters degree in bioethics and a doctorate of philosophy regarding comparative ethics.
Organizations belong to State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
Licensed in the United States Supreme Court American Bar Association National Board of Trial Advocacy
American Association for Justice
Arizona Trial Lawyers Association
American Society for Bioethics and Humanities Kennedy Institute of Ethics National Association of Realtors
Education/Credentials Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004 Doctorate of Philosphy 2006
Awards and Honors Phi Beta Kappa
Multiple Who's Who
Publications A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM
Question QUESTION: I have severed my relationship with my attorney due to his billing and practices. I have been charged for communications between lawyers (I have several at the moment) and have found conflicts(for example: one charged for one hour and the other charged for two...concerning the same conversation). Additionally, since I have asked this particular lawyer to cease all activity relating to my case (and received a confirmation of said instruction via email) he has continued to run up thousands of dollars in fees. Finally, he went outside of his firm, and contacted another firm "on my behalf", without my consent, and sent them the contents of my "file" also without my consent(for which he billed me as well, copying and shipping fees).
Are these actions, on their faces, breaches of any kind of code of billing or ethical conduct? If so, where would I go to seek relief? or how should I go about negotiating with this attorney?
ANSWER: Chris,
I think you already know that the activities you complain of are breaches of your attorney's ethical responsibilities. You can go to the State Bar or file a claim or lawsuit against the attorney. I suggest you find a legal malpractice attorney in your area. Contact your State Bar to find out who is a legal malpractice attorney.
Very truly yours,
Paul D. Friedman, M.A., Ph.D., J.D.
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QUESTION: While I do know that these actions are not 100% ethical, I guess what I am asking is do I have any real recourse? It seems that every State Bar and the American Bar publishes a code of conduct for professionals but they contain the disclaimer that these are suggested. Are there binding rules of conduct somewhere?
Answer Chris,
Yes, you have actual claims based on the facts you state. Every State has a Code of Ethics which are not suggestions or guidelines. You have potential claims for breach of fiduciary duties, breach of contract, fraud amd possibly other claims depending on your State laws.
