Member Since: 2/12/14
John Cable -
thanks for the replies fags. yall are worse than cops that cover for each other
Take it easy there, big fella. The LegalGround does not get much traffic these days. I used to post regularly here, many years ago, but it's been mostly abandoned, as you can see from the infrequency of posts.
With respect to your question, frankly, it makes little sense to me. You don't even specify who you are, exactly, in the litigation at issue or whether there is even any litigation pending. It's not clear what you are asking.
There's a fine line between zealous advocacy and harassment. Perhaps the attorney in question has crossed that line and violated a rule of professional conduct. It's impossible to say without knowing a lot more that what you have written. Most bar complaints are filed by disgruntled clients, and most such complaints are frivolous. The client is just unhappy with the way the case went. Sometimes, attorneys mess up badly, and the complaints are well-grounded in fact and law. In those cases, the attorney gets in trouble.
So, once again, what, exactly, are you asking?
Well, that is an unfortunate situation. I'm not an expert in that area of law, although I know a bit. I'm not sure what the legal basis would be for the "king asshole beneficiary" to terminate the trust or whether the beneficiary cannot argue in good faith for termination. I take it that you are represented by legal counsel, and that is why it is costing you money to respond to each letter? If your original question was should you file a bar complaint based on the actions of the attorney representing the beneficiary, then you could certainly talk about that with your lawyer the next time you get another demand to terminate the trust. I'm not really sure what the down side of filing a bar complaint would be. I mean, it takes a little bit of your time to make the complaint. The guy will be angry with you, no doubt. Is that going to encourage him to be even a bigger ass? Maybe. I really don't know and perhaps you don't, either. If there is some legal basis for the request to terminate the trust, then the complaint will go nowhere. If the attorney's argument is completely frivolous and unsupported by existing law, then theoretically the attorney could be sanctioned, although it's not typically the kind of situation in which you see a lawyer sanctioned. I'm not familiar with your state's law, so I don't know whether there are any other legal remedies you could pursue under the circumstances. Probably the best thing to do is chat with your lawyer the next time you get another request.