From the Virginia Bar

On Saturday, when I picked up my mail, I discovered a letter from the State of Virginia Bar.  The letter was a response to a complaint I'd made regarding the Conflicted Counsel's failure to return to me all of my files from the more than 10 year span of his representation of me.  Conflicted Counsel had made a big "rolls eyes" delivery of  "my files" in court on the 23rd of April Pendente Lite hearing date, as he continues to represent my husband in this little matter of a divorce.

Now, just to make the situation perfectly clear, while Conflicted Counsel said he was delivering to me my files, as had been requested of him, in fact, he left out some of the rather pertinent items I had requested.  Specifically, he left out his notes on ANY of the items for which he had been retained.  Nor did he include records pertaining to his representation of me for the sale of a home, that was separate property, and which is material to this little matter of a divorce.

So, armed with the partial file, I sent a second letter to the Bar, asking that they please consider this Conflicted Counsel's failure to respond appropriately.  In fact, missing from these returned files were at least two documents from which Conflicted Counsel had read to the Court, during the Motion to Dismiss Counsel for Conflict of Interest hearing, held on April Fool's Day.

Still, it appears that if the good attorney says he did something, and the silly client says he did not, the Bar, I am afraid, is going to discount the silly client, in support of the good attorney.  And so it was, that on Saturday, May 15, I read the letter from the Bar, in which they noted that the good attorney had notified them that he'd returned my files... and that, they ruled, is the end of that.  The matter is not appealable, but if there is NEW evidence I would like them to consider, I should write them a letter, include the new evidence, and in a few weeks they will determine whether they SHOULD reconsider their ruling...

Now, correct me if I'm wrong, but what evidence SHOULD I provide, exactly, to prove that he did NOT return all of the files?  I mean, the problem is, that he did not return the evidence I need to PROVE that he has a conflict of interest.  Yeah, I get it, the old Catch-22.... I have to prove something that can only be proven with evidence which I can ONLY obtain from the person who will never provide it....  I suppose that is the REASON that truly GOOD attorneys would never take a case in which they were representing a person against their former client... perhaps the PERCEPTION of a Conflict of Interest is sufficient justification for GOOD attorneys to decline the case, and the MONEY that it offers, on the grounds of ETHICS.....

But, at least for me, that is not the case.  The judge ruled that the Conflicted Counsel could continue to represent my husband against me in the divorce, and the Bar has been convinced by Conflicted Counsel that he returned my files, and I, once again, am put in my place by the Judicial System that is alive and strong in Gloucester Virginia Circuit Court.

Now, in direct contrast to the above scenario, on the Saturday prior, I stopped by the bank to withdraw funds to ensure I was sufficiently covered on my business trip out of town.  I went to the drive-up teller, submitted my check for the desired amount, provided my identification and in two minutes the envelope containing money was delivered for me to retrieve.  I always count the money I am given, in these cases, and this day was no different.  For the second time in the nearly 20 years have been banking there, the money in the envelope did not match the check I had written for the withdrawal of funds.  I pushed the button to get the teller's attention and she greeted me sweetly, asking how she could help me.  "I wrote a check for $500 and only got $50," I told her.

She apologized profusely, I sent the envelope containing the $50 back to her, and she checked my check and saw her error, and sent out a new envelope, this time containing the full $500.  She apologized again and wished me a good day, I counted the contents of the new envelope and found them satisfactory, thanked her and drove away.

Had this teller been Conflicted Counsel, she would have:

1. Denied that amount in the envelope was incorrect

2. Insisted I was a liar and that my claim had no merit

3. Told her supervisor that she had given me the full $500 for which I'd written the check

4.  Rolled her eyes as she explained to her supervisor that she was "right"

5. And I would have had to accept $50 in place of the $500.....

But, then again, that's the difference, the bank teller was HONEST and ETHICAL... Conflicted Counsel is neither, and is supported by a system wherein "the truth" simply takes too much time and MUST be put off for another hearing, oh, maybe three months down the road....meanwhile... make sure you don't miss your pendente lite ordered "temporary" spousal support... After all, the husband's plans to self-enrich on the hard work of the wife were cut short by a little thing call "Spousal Abuse" and now, that poor abuser MUST be kept up in "the manner to which he has become accustomed....."  Well, Conflicted Counsel is doing a bang-up job of seeing that his former client is abused by not only his current client, but the very system that purports to protect women against such abuse.... perhaps they are only referring to women who are not the sole supporter of the household.... I suppose my mistake (besides marrying the sloth) was being a hard working, ethical person.... they, the abuser, Conflicted Counsel, the Circuit Court of Gloucester, Virginia and even the State Bar,  are determined to hold that against me forever.