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Old March 14th 10, 02:54 PM posted to rec.games.chess.politics
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Posts: 406
Default Roberts accues ATTORNEY Kubinski of Extortion

Dear Mr. Kubisnki

I am informing the US Attorney you are attempting to engage in acts of
EXTORTION against me. I demand my legal file. I am attempting to get
your prosecuted for extortion. I recommend you hire a criminal defense
attorney.

Never call me again on the telephone.

Marcus Roberts
PO BOX 961029
El Paso, Texas 79996

May I obtain my file from my lawyer?
• Yes. Although many lawyers refuse to turn over the file to the
client, the file is clearly considered to be the property of the
client - - not the lawyer. The client’s file includes all
correspondence, memos, pleadings, notes, and all other documents or
materials which may have been included in the file. Resolution Trust
Corp. v. H- - - -, P.C. (128 F.R.D. 647 N.D. Tx. 1989); and Hebisen v.
State, 615 S.W. 2d 866 (Tex.Civ.App.-Houston 1981, no writ). This
includes notes made by the lawyer and any legal memoranda or other
documents created by the lawyer. Further, the client is entitled to
the original file - - not merely a copy of the file. If the lawyer
wishes to keep any portion of the file, the lawyer may copy the file
at the lawyer’s own expense. Resolution Trust Corp. 128 F.R.D. at 649.
There is an exception to this rule if the lawyer is claiming a lien
against the file for amounts due from the client for professional
services and expenses. However, even under these circumstances, a
lawyer may only retain the file if the retention of the file will not
prejudice the client in the subject matter of the representation. Rule
1.15 (d) Texas Rules of Professional Conduct. top
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Old March 14th 10, 02:57 PM posted to rec.games.chess.politics
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First recorded activity by ChessBanter: Jun 2009
Posts: 406
Default Roberts accues ATTORNEY Kubinski of Extortion

On Mar 14, 8:54*am, NONE wrote:
Dear Mr. Kubisnki

I am informing the US Attorney you are attempting to engage in acts of
EXTORTION against me. I demand my legal file. I am attempting to get
your prosecuted for extortion. I recommend you hire a criminal defense
attorney.

Never call me again on the telephone.

Marcus Roberts
PO BOX 961029
El Paso, Texas 79996

May I obtain my file from my lawyer?
• * * Yes. Although many lawyers refuse to turn over the file to the
client, the file is clearly considered to be the property of the
client - - not the lawyer. The client’s file includes all
correspondence, memos, pleadings, notes, and all other documents or
materials which may have been included in the file. Resolution Trust
Corp. v. H- - - -, P.C. (128 F.R.D. 647 N.D. Tx. 1989); and Hebisen v.
State, 615 S.W. 2d 866 (Tex.Civ.App.-Houston 1981, no writ). This
includes notes made by the lawyer and any legal memoranda or other
documents created by the lawyer. Further, the client is entitled to
the original file - - not merely a copy of the file. If the lawyer
wishes to keep any portion of the file, the lawyer may copy the file
at the lawyer’s own expense. Resolution Trust Corp. 128 F.R.D. at 649.
There is an exception to this rule if the lawyer is claiming a lien
against the file for amounts due from the client for professional
services and expenses. However, even under these circumstances, a
lawyer may only retain the file if the retention of the file will not
prejudice the client in the subject matter of the representation. Rule
1.15 (d) Texas Rules of Professional Conduct. top


Kubinksi is demanding that I release him from my class "B misdemeanor
case.
This is a repeat of Neil Rambana. Somebdoy threatened to kill him, and
his
para says I will get arrested if I don't release him from my criminal
case.
Kubinski wants to keep 1/2 of the 4,000 dollars.

I decline to release Kubinski until new counsel is retained.

I am suing PAul Kubinski.

Marcus Roberts
PRO SE

http://www.jeplaw.com/faq.html#4
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Old March 14th 10, 02:59 PM posted to rec.games.chess.politics
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First recorded activity by ChessBanter: Jun 2009
Posts: 406
Default Roberts accues ATTORNEY Kubinski of Extortion

On Mar 14, 8:57*am, NONE wrote:
On Mar 14, 8:54*am, NONE wrote:





Dear Mr. Kubisnki


I am informing the US Attorney you are attempting to engage in acts of
EXTORTION against me. I demand my legal file. I am attempting to get
your prosecuted for extortion. I recommend you hire a criminal defense
attorney.


Never call me again on the telephone.


Marcus Roberts
PO BOX 961029
El Paso, Texas 79996


May I obtain my file from my lawyer?
• * * Yes. Although many lawyers refuse to turn over the file to the
client, the file is clearly considered to be the property of the
client - - not the lawyer. The client’s file includes all
correspondence, memos, pleadings, notes, and all other documents or
materials which may have been included in the file. Resolution Trust
Corp. v. H- - - -, P.C. (128 F.R.D. 647 N.D. Tx. 1989); and Hebisen v.
State, 615 S.W. 2d 866 (Tex.Civ.App.-Houston 1981, no writ). This
includes notes made by the lawyer and any legal memoranda or other
documents created by the lawyer. Further, the client is entitled to
the original file - - not merely a copy of the file. If the lawyer
wishes to keep any portion of the file, the lawyer may copy the file
at the lawyer’s own expense. Resolution Trust Corp. 128 F.R.D. at 649..
There is an exception to this rule if the lawyer is claiming a lien
against the file for amounts due from the client for professional
services and expenses. However, even under these circumstances, a
lawyer may only retain the file if the retention of the file will not
prejudice the client in the subject matter of the representation. Rule
1.15 (d) Texas Rules of Professional Conduct. top


Kubinksi is demanding that I release him from my class "B misdemeanor
case.
This is a repeat of Neil Rambana. Somebdoy threatened to kill him, and
his
para says I will get arrested if I don't release him from my criminal
case.
Kubinski wants to keep 1/2 of the 4,000 dollars.

I decline to release Kubinski until new counsel is retained.

I am suing PAul Kubinski.

Marcus Roberts
PRO SE

http://www.jeplaw.com/faq.html#4- Hide quoted text -

- Show quoted text -


is legal malpractice?
•Legal malpractice, which is the same as negligence, simply means that
a lawyer has failed to use ordinary care. In other words, the lawyer
has failed to do that which a lawyer of ordinary prudence would have
done under the same or similar circumstances, or has done that which a
lawyer of ordinary prudence would not have done under the same or
similar circumstances.
•In addition to proving the lawyer was negligent, the client must also
prove that the lawyer’s negligence was the proximate cause of harm to
the client. For example, if the client’s case was dismissed because of
the lawyer's negligence, the client must prove that the client would
have, in all likelihood, prevailed in the underlying lawsuit. The
client is not required to prove this with absolute certainty, but the
client must be able to prove that, more likely than not, the client
would have prevailed in the lawsuit. Often, this can be the most
challenging part of a case. top
How long does a client have to file a legal malpractice lawsuit?
•In Texas, the statute of limitations for a legal malpractice case is
2 years. The statute of limitations does not begin to run until the
client discovers or should have discovered through the exercise of
reasonable care and diligence the facts establishing his or her cause
of action. Willis v. Maverick, 760 S.W.2d 642, 644 (Tex. 1988). When
the legal malpractice occurs during the course of the prosecution or
defense of a lawsuit, the statute of limitations on the malpractice
claim is tolled and does not begin to run until all appeals on the
underlying claim are exhausted or the lawsuit is otherwise concluded.
Apex Towing Co. v. Tolin, 41 S.W.3d 118 (Tex. 2001). However, the
aforementioned tolling rule does not apply to legal malpractice claims
based upon transactional work. The Vacek Group, Inc. v. Clark, 95 S.W.
3d 439 (Tex. App. - Houston [1st District] 2002, no pet.). Moreover,
the aforementioned tolling rule does not apply to other types of
claims, such as those governed by the Texas Deceptive Trade Practices
- Consumer Protection Act. Underkofler v. Vanasek, 53 S.W.3d 343 (Tex.
2001). If you fail to file a lawsuit before the statute of limitations
expires, you may be barred from asserting any claims against the
lawyer. The whole area concerning limitations is complex. Accordingly,
it is imperative that you obtain the services of a lawyer who can
further advise you regarding these issues in a timely fashion. top
Are lawyers required to have professional liability insurance?
•Unfortunately, in Texas, the answer to this question is “No”. The
State of Texas does not require lawyers to carry professional
liability insurance. Although several other states require lawyers to
carry professional liability insurance, Texas has not yet joined these
ranks. Consequently, many lawyers choose not to carry professional
liability insurance. Regardless of whether the lawyer has insurance, a
client can still sue his lawyer; however, when the lawyer doesn’t have
professional liability insurance, this can make the case more
difficult to pursue. top
May I obtain my file from my lawyer?
•Yes. Although many lawyers refuse to turn over the file to the
client, the file is clearly considered to be the property of the
client - - not the lawyer. The client’s file includes all
correspondence, memos, pleadings, notes, and all other documents or
materials which may have been included in the file. Resolution Trust
Corp. v. H- - - -, P.C. (128 F.R.D. 647 N.D. Tx. 1989); and Hebisen v.
State, 615 S.W. 2d 866 (Tex.Civ.App.-Houston 1981, no writ). This
includes notes made by the lawyer and any legal memoranda or other
documents created by the lawyer. Further, the client is entitled to
the original file - - not merely a copy of the file. If the lawyer
wishes to keep any portion of the file, the lawyer may copy the file
at the lawyer’s own expense. Resolution Trust Corp. 128 F.R.D. at 649.
There is an exception to this rule if the lawyer is claiming a lien
against the file for amounts due from the client for professional
services and expenses. However, even under these circumstances, a
lawyer may only retain the file if the retention of the file will not
prejudice the client in the subject matter of the representation. Rule
1.15 (d) Texas Rules of Professional Conduct. top
Can I fire my lawyer?
•Yes. The client has the absolute right to discharge a lawyer “for any
reason or no reason at all”. Hoover Slovacek L.L.P. v. Walton 206 S.W.
3d 557, 562 (Tex. 2006). A lawyer cannot prevent the client from
firing the lawyer, even if the lawyer includes language in the
contract which restricts the client’s right to fire the lawyer. The
inclusion of language in the contract which imposes an undue burden on
the client’s ability to change counsel violates public policy and is
unconscionable as a matter of law. Hoover Slovacek L.L.P. v. Walton
206 S.W.3d 563 (Tex. 2006). However, when the lawyer is discharged by
the client, the lawyer may have certain remedies against the client
depending on whether the lawyer is discharged with or without good
cause. top
What are the consequences if I fire my lawyer?
•This depends on whether the client has good cause to fire the lawyer.
For example, if the lawyer materially breaches the contract, then the
client has good cause to fire the lawyer, and the lawyer may forfeit
all right to any compensation. Royden v. Ardoin, 331 S.W.2d 206, 209
(Tex. 1960). However, there is also authority holding that a lawyer
discharged for cause might be able to recover in quantum meruit for
those services performed prior to the time of discharge. Rocha v.
Ahmad, 676 S.W.2d 149, 156 (Tex. App. - San Antonio 1984, writ
dism’d).
•When the client discharges a lawyer without good cause, the lawyer
may recover on the contract for the amount of his compensation.
Mandell & Wright v. Thomas, 441 S.W.2d 841, 847 (Tex. 1969). In the
case of a contingency contract, the lawyer is entitled to recover
either the amount of his contingent fee or he may recover in quantum
meruit. Mandell, 441 S.W.2d at 847; Hoover Slovacek L.L.P. v. Walton,
206 S.W.3d at 56. Thus, if a client fires a lawyer without good cause,
and then hires another lawyer, the client may be responsible for
paying both lawyers. top
Can my lawyer settle my case without my consent?
•Generally speaking, the answer to this question is “No”. A lawyer
should consult with the client concerning any settlement offer, and
generally it is for the client to decide whether or not to accept. See
Rule. 1.02 of the Texas Disciplinary Rules of Professional Conduct.
This rule is subject to a few limited exceptions, such as in class-
actions, certain insurance defense cases and when the client has
validly relinquished to a third-party any rights regarding a
settlement. Other than these limited exceptions, a lawyer is required
to consult with a client and shall abide by the client’s decision
concerning settlement. A lawyer may not circumvent this rule by
inserting language into the contract between the lawyer and client
which purports to give the lawyer authority to settle the case. Any
such contractual language, which attempts to give the lawyer
settlement authority, is unenforceable. Sanes v. Clark 25 S.W.3d 800,
805 (Tex. App. Waco, 2000, pet. denied). top
Am I entitled to a refund of the retainer I paid to my lawyer?
•A lot of confusion exists regarding retainers. In fact, many lawyers
don’t even understand the difference between a true retainer and a pre-
payment for services. “[A] true retainer ‘is not a payment for
services. It is an advance fee to secure a lawyer’s services, and
remunerate him for loss of the opportunity to accept other
employment.’” Cluck v. Commission for Lawyer Discipline, 214 S.W.3d
736, 740 (Tex. App. - Austin, 2007, no pet.). A true retainer is
earned when it is received, so it may be non-refundable. Id. at 740.
On the other hand, a prepayment for services is not earned until the
services have been performed and thus, it is refundable. Id.A lawyer
can’t turn what is really a prepayment for services into a retainer
merely by labeling it a retainer in the contract with the client.
Courts will scrutinize the language of the contract carefully,
considering such factors as whether the lawyer’s fees will be billed
against the advance payment. Id.If the advance payment is found to be
a prepayment for services, and not a true retainer, a lawyer cannot
make the prepayment non-refundable merely by designating in the
contract that it is a non-refundable retainer. top
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