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A North County lawyer is furious after being trapped and forgotten inside a local jail for hours.
Attorney Erubey Lopez spoke to NBC 7 about the ordeal for the first time Friday.
Lopez said it all began when he was trying to visit a client in jail on Tuesday. He went into a visiting room -- not knowing he would be trapped in there for hours.
Patiently waiting inside a locked visiting room, Lopez said he didn’t think anything unusual until a half hour passed and his client still hadn’t been brought down to him.
“I know it takes a while to get the people, so I’m patient,” said Lopez while recalling the ordeal. “I don’t have my cellphone with me because the policy is you can’t use a cellphone inside the jail.”
At that point, Lopez said he tried to contact the guards through an intercom system inside the visiting room.
“So, I press the intercom button and nothing. I press it again, and it doesn’t work,” he explained.
A half-hour soon turns into an hour.
"At that time, I'm really mad, and I'm thinking, ‘How can they forget about me?’ So, I start hitting the door really loud to get someone to let me out."
Two hours go by. All the while, Lopez is screaming while pounding on the door.
He finally accepts the strong possibility that he'll be sleeping on the cold concrete floor.
"I have a sweater and a jacket, and I take off my sweater and I try to use it as a pillow," he said.
Lopez thinks about Daniel Chong, a UCSD student who was left inside a Kearny Mesa holding cell last April after being forgotten by DEA officers for five days. Chong would eventually file a claim asking for $20 million following the incident, which he called “life-altering.”
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“I can't imagine how you could last that long without going crazy," said Lopez.
Finally, after four long hours, Lopez said a guard heard him and freed him.
Lopez, who’s also a Vista Parks and Rec commissioner, said a sheriff’s official called him and apologized following the incident.
But the attorney is concerned about safety inside San Diego jails, saying a colleague later told him that the intercom he had used inside the visiting room had been broken for eight months.
“[What] if I was unhealthy … had a heart attack? What if I had diabetes and had a sugar issue?” he pondered. “If they hadn’t heard me with the screaming and banging … there was no other way they were going to hear me.”
At this point, Lopez said he’s not sure if he plans to file a lawsuit.
Leave a Comment:
Of course he's going to file a lawsuit,this interview he gave was just step#1.
And after the lawsuit is settled out of court for a few mill, the damn intercom still wont work.
Good morning, Scooter.
There is a young man in jail in my area who has been waiting to go to court since September. He was riding with someone else who was pulled over for speeding and pot was found in the trunk of the car. The young man has no one in the area, and through a set of circumstances I was asked to contact the court appointed lawyer he has and ask when the attorney might be able to visit the jail to speak with the young man.
I called two weeks ago and the secretary for the attorney told me the attorney was very busy but if the young man wanted to hire him he would have more time to devote to the case.
(It is a violation of both the law and the laughable so called attorney's board of ethics for a court appointed attorney to take payment from a client he has been court appointed to represent.)
I said, "In other words, John is entitled to all the justice he can afford?" Won't bore you with the rest of our conversation, but the young man eventually got his justice.
"At this point, Lopez said he’s not sure if he plans to file a lawsuit."
I'll start the odds at 1,000,000 to 1. Anyone want to take the bet? I could use your dollar.
Lawyer trapped in a jail? There is a God.
Can we please put some of lawyers on Capitol Hill there.
That's why I always bring a book along wherever I go. And a sandwich.
Everything that happens today engenders a lawsuit.
This is just too funny! He doesn't know how anyone can handle being locked up in a room for 4+/- hours? If you can't do the time don't do the crime! I'm sure at sometime he has done something that warrants jail time. I think maybe Time Served then again maybe not, keep him until he confesses.
Oh, he's filing a lawsuit alright. Of that you can rest assured.
There was a time in this country when the #1 selling bumper sticker was Sh!t Happens! Get it? Sh!t Happens.
Just because you happen to be a victim of completely innocent circumstances that you find to be a little inconvenient, it does not entitle to you to any compensation beyond an apology. Beyond that STFU and stop looking for a free ride on the backs of everyone else.
Gotta love liberal America...
@Carryingconcealed - "liberal America"? Is it "liberal" to assume you won't be put into unnecessary danger by the government or one of it's agencies? The *fact* that they had an intercom system intended for communication within a secured area that had been knowingly out of service for months and yet no process or procedure was put into place to account for thaty pending a fix is criminal.
Taking your handle into account - say you get pulled over and the office finds you are carrying, and relieves you of your weapon and then decides he doesn't feel safe returning it to you and opts to seize it temporarily and tells you that you can claim it later at the station. I bet you'd be steamed and be looking to file a suit for your rights being jeopardized even though that incident puts you less at risk than what happened to the lawyer...
@carryingconcealed - pull that smokewagon you POS. I bet you would cry like a baby if you were locked in a holding cell, accidentally or not. You'll sing a different song when $hit happens to you.
I always enjoy reading good news, like this. Keep him in there.
Whoever let him out should go to jail too....
He's lucky he didnt share a cell with Bubba those 4 hours, he'd asking for an antidote for Vaseline
Mike - Your hypothetical scenario couldn't put me at less risk because this guy was in a situation that posed no risk to him. And don't waste my time with all the "what if's" because we're not talking about anyone other than the ambulance-chaser here. And I hate to break it to you, but not fixing an intercom system is not "criminal" as you put it. Maybe justification for disciplining someone internally, but certainly not criminal, though I recognize that that's the way you liberals think; always looking to gain something out of a situation that doesn't belong to you.
And P.O. - Short for Piece of Sh!t I assume. Don't project your pansy-ass attitude onto others who actually have some hair on their nuts and don't get their fragile sensibilities offended every time life throws a little curve ball at them. You and your ilk represent everything that's wrong with this country.
"I bet you would cry like a baby..." LOL! Did you really say that?
I doubt they forgot you, remember, you're an Immigration lawyer, and personally, I can't wait till the other shoe drops.
Please tell, why are you so sure of that? Are you guilty of that statement also?
Mike-591056
What danger was he in? Try not to go into hysterics saying he could have spontaneously combusted and only a working intercom would have saved him.
He was safer than driving down a freeway.
He was inconvenienced, I get inconvenienced when I go to my Dr. and have to wait up to an hour. I was inconvenienced when I had to consult an attorney and after driving an hour to his office the appointment was rescheduled, that happened 3 times, that's 6 hours of driving just wasted. At no time did I feel I was in any unnecessary danger, just irritated as hell my time was wasted.
The only difference is he will probably get a payout.
Funny, I cannot imagine anyone NOT filing a lawsuit. Anyone who says they wouldn't do so is FOS!! When tables are turned and you're the one filling the shoes, it is always a different story.
No doubt he billed his client for the time.
Probably takes longer than that to get a park permit. Maybe he should be concerned about a lack of staff in the jails.
I bet carrying's IQ is about equal to the caliber of the weapon he carries... Of course, they STILL probably won't fix the intercom...
My guess is that he'll be a tad more sensitive to his client's desperation when some phony charge lands an innocent person in overnight or weekend detention.
Can you say "karma" boys and girls??
Whats the difference between a lawyer and a carp? One is a scum sucking bottom feeder and the other is a fish....no, really....
ROFLMAO...... Still laughing...... Laughing....... Laughing.....
A lawyer who pondering whether to sue someone after he was wronged? Now THAT'S funny. Sheesh.
I have long believed that lawyers, judges, police officers, and members of the legislature should spend 2 or 3 months in jail or prison, as a preliminary part of their job, so they can learn what it really is to be locked up. Because they have probably never been in prison or jail, they can't possibly know what that is. And when they send people to one of these sadistic facilities, they don't know or understand the punishment they are dishing out.
You may laugh about the lawyer who was forgotten in some kind of holding cell for 4+ hours, but it won't be funny when it happens to you. And unless you've been there, you probably won't understand. Everyone knows that it hurts to be shot. But a person who has been shot before has a far greater understanding of what it is to be shot than those who have never been shot. Hence, the pain of being shot is much greater than what we thought it would be. Likewise, the feelings of abandonment are terrible for one who was forgotten in a holding cell.
He'll probably charge his client for those four hours also, at least $800 for time spent on his case.
Then, yes, he will file a lawsuit. That's what lawyers do best.
Sure do love all the "what ifs" he throws out there. So I would like to introduce a few "what ifs" of my own that would of saved his life....
What if Chris Dorner never got caught last week, was still on the loose and stormed the jail, shooting the place up?
What if a meteorite the size of a BBQ struck his car at the same time he was in it if he got out earlier?
What if a zombie herd stormed the prison eating everyone?
The answer is he would have been safe and sound locked up in the room he was in. That is what if.
OR what if he was still there 6 days later with no water? Think he might just have been thirsty? Or how about what if the intercom had been fixed? Or what if they would have brought his client to him like they were supposed to have? You all think if he sued he would be awarded millions of $$$. How come after 8 months of the intercom being out of order it was finally fixed after this incident? How about the inconvenience of any other clients he might have had to see that day? What if he was scheduled to be in court that day? Would the judge have sentenced him for not showing as time served? I hope he does sue and I truly hope he gets compensated for his lost time. There is no excuse for what happened there.
Hey "put a fork in it", you say you bet "concealed carry's" IQ is probably the same as the caliber gun he carries. He might have a 300 Winchester magnum. I have a 454 Cassull and a 460 Rowland. That'd make us some pretty smart fellas, right?
A lawyer in jail. Our justice system is finally working.
Well did he ever talk to his client?..........Public Servants being incompetent as usual ?? .......... Some have that dreaded virus called " Ateupwiththedumbass" !! .........Not only can he file for Negligence , but maybe he could use his Race card too? (just kidding)..........But i hope he is HUMAN enough to take the High Ground and help Reform the system that FAILED him!!................More Power and Good luck to you Mr. Lopez. ........To our REPUBLIC for which WE stand , United with Justice for ALL.
Dang government sent me to Afghanistan. When my year was up and I thought I'd be going home, they decided to keep me there for another 6 months. Finally, I got to leave, I thought the nightmare was over, only to find out I was going to be sent on an Iraqi vacation package for a year. To me, back then, 4 hours in a cell would have seemed like heaven!
signing into the armed forces, is only supposed to be 4 years of college prep
no one should ever expect to be deployed, it's not like they own enlistees those 4 years or something.
Yea right hes not sure if he is going to file a law suit LMAO My butt he will go after millions of our money while the rest of the saps sitting in there will wait forever for their justice.
He's a shyster. Of course he will file a lawsuit. Of course it is a universal truth that the vast majority of lawyers BELONG in jail, but I'm sure that won't be taken into consideration.
You raise some good points. How about we lock you up and forget about you for hours. I sure you would just laugh it off as an honest mistake. And, apparently they never did bring his client to meet with him so he must not deserve any justice or legal consul either.
He doesn't raise any good points. Art is just another a$$ who diss attorneys. Everyone does - until they need one.
Or are dumb enough to elect one, at which time they start to come to the reality of really getting screwed.
Everyone's points are good ones but here is the question: What harm did he experience? Answer: None. Therefore when (not if) he sues what is the damage? Emotional distress? Really?
California legal lottery winner; no wonder the state is going broke.
Regardless of any harm he suffered, the city committed a crime. False imprisonment. Unintentional? Perhaps, but certainly negligent. They did two things wrong. They forgot about him, and they didn't keep the intercom working, which would have prevented issues like this. They also didn't allow him to bring his cellphone into the room. The jail created the situation. They need to pay to ensure that something like this doesn't happen again, perhaps for a much longer time. (Which is has) I hate that a lawyer will get the money, but the city needs to be punished for negligence. Citizens would be.
Don and justme are right. Yes, there are bad folks everywhere in every business/entity. Lawyers do give the appearance that most are not good, until you really know how it works. However, you fail to realize that first, there are lots of wonderful attorneys out there getting wonderful things done (working on legislation and education our system desperately needs, helping underdogs, such as older folks, elderly, veterans/service members, abuse vics, human and animal, etc.). Plus, at some point, ALL of us in our lifetimes do something or get into a jam (such as where a friend was shopping with some idiot who was shoplifting and because she threw the idiot's purse in the car when unloading the wagon, was arrested...btw, tapes showed she had no idea and spent $150 while the idiot stole a pack of razors) that, if caught, we will need an attorney. And, pro bono work is expected, even of top tier firms and heavy hitters. Yes, they may send out associates but they do a great deal of good-those associates have a lot more support, such as paralegals and expensive research, than many pro bono programs like Legal Aid.
Most attorneys do NOT make a fortune and actually, made or can make far better money in other fields. A JD is a Juris Doctorate, which many people d/k because the bar assn currently prefers lawyers not use the Dr. title. Even in this economy, a Doctorate in the right field pays far better than most attorneys make.
When you DO see the heavy hitter uber-rich Plaintiffs litigators with private jets, just remember, CORPORATIONS rule this country. Big lawsuits are often the ONLY way to do what no-toothed gov agencies can't do and, for example, get dangerous products off the market and make mfrs think twice before putting them on the market. Think about ALL the killer RX on the market that cleared the FDA? Yes, Big Pharma, like all big corps, spends a lot on attorneys and PACs but the litigators can help level the field somewhat. Going back, how many more people w/h died because Ford would not spend another $2 per car to stop the blow-ups of the Pinto, where internal docs showed they decided it was cheaper to fight the lawsuits as they came than fix the cars? Look at all the MetLife vics over the years? Things only came out when recently, in a case where the jury awarded $55mil to the Plaintiffs where all they wanted was their stolen car replaced, where attorneys found internal docs showing division managers were warned NOT to pay claims or else, across the board (auto, disability, h/o, life, etc.)...a major telcom is doing the same thing to workers as we speak-mgrs told get rid of expensive employees any way you have to-women over 40, those reaching pension age, those who use FMLA or disability leave-get 'em out and you keep your job and even get bonuses. Do you think they will stop unless a big suit comes about? No one can take them on individually, even with an atty, it will take a heavy hitter(s).
So, please don't paint this field with a broad brush.
No one likes a lawyer.....until they need one.
Lawyers bill by the hour. He undoubtedly lose income. I'd call that harm.
Actually, I think that emotion distress would be sufficient grounds for a suit. If I was on a jury, I'd award him damages for that.
@norm903 post 2.4,
Going broke? Last I heard they were 16 billion in debt, 2 years ago? Back to he lawyer, I wonder what he/she would have done if they had delivered the client and then forgotten about him. Is @!$%#ting your pants cause for law suit? I think this would make a good short movie/porn movie.
"He's a shyster."
Sounds more like a criminal defense attorney - the kind of guy who represents your junkie nephew, shoplifting cousin, and diddler down the street. He has to believe in the losers, challenge the system, and set the scum free just to hold the crooked police' feet in the fire so they don't trample you. There's good and bad everywhere but you need to be rousted once or thrice to see the other side.
LOL...You really are confused, or stupid. This is the second dumb post I've read from you today. So you're saying you can't tell this is a guy, who happens to be an immigration lawyer? Maybe there would be no need for him to fear his client. Ever thought of that, genius, oops, I mean confused?
So what ever happened to the client the cops were supposed to be delivering to him?
@ cheetah-822547
No where in the article was it mentioned what his client is accused of. Where did you read between the lines he or she was any of those things? Even if he/she is, the accused has a right to a fair trial. The lawyer is there to assure that trial is fair for his client. I would say the lawyer should be awarded 10 times his normal fee for lost time and anguish. Also the jail should be fully inspected for any other things broken and given only so much time to be corrected. There is no excuse for the intercom being down for 8 months. Jail policies should also be reviewed. Why didn't they bring the client? Why did they forget to open the door for the lawyer? Why is the visitor section even locked? Why is there no video cameras? Why weren't they even monitored? It would seem to me this jail has far more problems than a broken intercom.
A friend of mine told me his 19 year old son was arrested for DWI - beer. He had to spend the first weekend in a city jail & he was raped the whole weekend. That's probably what happened to the other guy mentioned in the article when he said it was a life altering experience. Many people in the general public aren't aware what the outcome is for most in even those short jail stints. They are to embarrassed to report it to authorities or family.
No, that is not what happened to the other guy. He was locked in a room BY HIMSELF and forgotten for five or six days. He was raped by the government that subjected him to torture. Have you spent that many days with no food, water or a toilet????
I think a lawsuit is a good idea. It will bring to light the fact that there is a major issue on how the holding cells are guarded. They knew the intercom system was not working and yet they did not post a guard within hearing distance of the cells in question. I realize it happened to a lawyer and there is no big loss there, but what if it was you? I would like to know there is someone there in case of emergencies, especially since they are too cheap to fix the com systems.
Don't forget, we, the people, pay for that lawsuit.
I can see being locked in a hot car for 4 hrs but a jail?! Fugetaboutit...
B.S. Brenda. He gets richer, the taxpayer gets poorer and the intercom still wont work, or will be removed altogether due to the fact that for some reason they don't have the money to fix it .
GM CD.
He doesn't have to file a normal lawsuit. He or the ACLU can file a public interest lawsuit on his behalf for a dollar. The terms would be court ordered improvements to the jail where if they are not done the warden is held in contempt of court and goes to jail himself.
However, this is and always will be the state of jails in this country. We place more people in jail than any other country and that costs money to do. A lot of money. If people weren't so hungry for "Justice", our system wouldn't be as overcrowded and understaffed.
Good point, GBR. We have too many people in jail because we have too many stupid little laws. The fact that jails are for-profit might have something to do with it. People in jail aren't doing much to add to our economy, are they? It costs more to keep these people in jail than what most of them would earn if they were on the outside. When it comes to the point that it costs more to keep a person in jail than the medial household income for Americans, than we really need to ask ourselves a few questions!
Jails, being for profit, needs to be regulated better. Some of the money given to them should be going for things like, oh I don't know, maybe intercom repairs. I do agree with you Lovely though.
I beg to differ, jails for profit should be outlawed. Profiting off others misery is inhuman in civilized society.
I don't think either Lovely or I agree that jail for profit is a good thing. If they are used, they should be held to a higher level. There is no excuss for forgetting they have a lawyer in a visiting room.
I think ,to say the least ,there is some jockeying for another agenda, but, he does have a point. Anyone could have caught in this situation if this physical infrastructure and organization is that poorly run. And please, I hope no one gets on a high moral horse and say that it could never happen to them. A relative could have a brush with the law, every falsely imprisoned briefly and you could be in that hold room. Peace.
Now lawyers must know how it must feel to be innocent and in one of those places! Lawyers must do their job competently, passionately and honestly...and fight any system that is unethical, racist, sexist or unfair to any group.
Good way for lawyers to realize what it is be on the other side...innocent and overwhelmed.
The retards in our prison system are going to drive themselves to penury, with all these legitimate law suits, and having nothing to help manage the prison system competently and fairly. It is scary what the system has become.
4 long hours? Somewhere, a tiny violin is playing for him.
poor guy...needs a hug...
I hope he got a donut after the ordeal.
too bad it wasn't you instead
Anrkist,He was held in an interview room against his will which is called false imprisonment.This would make for a nice lawsuit against the city of San Diego.It appears that these employees are in dire need of extensive training.The person who forgot about him should be fired.The person who is in charge of maintain the intercom system should be fired.The reason why they should be fired is that they are on the tax payers dime and are not doing their jobs.this lawyer has every right to be mad.
He wasn't "held there". He was forgotten there. Big difference. (You really think this admittedly clumsy mistake should be twisted into a false imprisonment charge?! Why not go for broke, and call it kidnapping?)
Apparently you've never been inside of an interview room at most jails: 4 cinderblock walls, no windows.
I don't see the difference. No matter what you call it, he wasn't able to leave when he wanted to.
Four hours is a long time, especially if you don't know HOW long you'll be there. For all he knew, he'd be forgotten for days like the other guy mentioned in the article. That's severe emotional distress.
Plus, I'm sure the room wasn't equipped to help pass the time. No magazines, no TV, no nothing.
I'm with you Barry. I hope he does sue for improvements to the jail and to their procedures.
Barry-Nj,Good comments and I will add,no toilet,no coffee and no donuts.
It was not four hours, it was FOUR DAYS!! Exactly what went wrong was clearly spelled out. 1) He was forgotten by the guards; 2) no cell phones allowed and no working intercom; 3) no food, water, toilet or cleaning facilities for 4 days.
Now he will be dealing with the ordeal probably in ways he has yet to imagine. There is a the risk of PTSD which may not show its signs until several weeks or months later. I bet the next time he has to meet a client at a jail he will quickly make sure there is a way he is not in there for more than a few minutes without a guard nearby or in the same room. Getting into an elevator or other closed quarter there is a chance he develops anxiety issues or even panic attacks.
I've seen auto accidents all over the place. Even witnessed one on the highway with an SUV flipped onto its roof right in front of me. They are freaky to see but more freaky when you witness them. But I have to tell you, the most frightening is when you witness an auto accident of the vehicle you are following when it unfolds right before your eyes and the passenger is someone you are close to. I developed PTSD and it is not something that goes away very easily. My point, the situation is always different when the tables are turned the other way. Never say never because when it happens to you suddenly you see things in a different light.
"Finally, after four long hours, Lopez said a guard heard him and freed him."Poor poor baby those 4 hours were time you could not screw another client or company over
@ Julieann, Read the article, it was 4 hrs. It was fortunate that he was not suffering from a medical condition. The man was inconvenienced. Why is this news? And another lawsuit?
And no-one who was not already mentally ill or unstable would have symptoms after 4 hrs. Practice some coping skills. PTSD is caused by chronic exposure to traumatic events.
So they said they were sorry, they are going to fix the intercom. And its over.
@ponygirl-6085399
So if a person (female or male) was raped for 4 hours could not possible suffer from PTSD, after all it wasn't chronic?
So a young teen that witnesses one parent violently kill the other parent and themselves could not possible develop PTSD from witnessing a traumatic event such as this?
A person who happens to experience a radical amputation of a limb in a car accident could not develop PTSD?
A young child who finds themselves alone with no parent/adult/sibling present for a period of a few hours could not develop PTSD from finding themselves suddenly abandoned?
(please note that these scenarios are to help ponygirl think.)
I beg to differ, and I seriously doubt that you are a psychologist. I also can not see you as understanding PTSD and its causes.
PTSD can be caused by singular incidents. While it is less likely, it does not preclude it from manifesting after a short period of exposure or a single incident. Nor does one have to be "mentally ill or unstable" to develop PTSD.
Abyssoft...would that be a "legitimate rape" or the other kind?
@Brian there is only one kind of rape, the illegal and immoral kind.
If he is truly concerned about the welfare of those incarcerated in this facility lacking the basics, he will file his lawsuit and then donate all of the proceeds specifically to fix what is broken. Just bringing these deficiencies to light isn't going to be enough.
GM Chef
Seems the lawyer had gotten a bit hysterical beginning in the first hour. After 4 hours, I am sure he had his tort (no pun intended for a Chef ;))case. You have a great suggestion and I wonder if he will do that?
Four hours of non-billable time must had had the lawyer livid! It would be great if he followed up on making sure the problem is fixed as a stipulation to avoid lawsuit. That would be positive outcome.
GM Chefaz,
Sure he will his "concern" for others is absolutely overwhelming.. its what they do after all, just help people....( dang that was hard to type)...
gm Chefaz, CD, jack...
ROFL... Scooter, your fingers are going to turn black and fall off!
Ban lawyers
He looks young; and maybe struggling like the rest of us. I hope he will be compensated accordingly because someone had certainly neglected him. The lawyer could have spent the time to help his client.
@ for Bill - I would bet he will bill for every hour he was there....
I find it interesting that the comments on this thread reveal no outrage that someone was locked up without any cause--even if it was only for a few hours. This collection of posts reflects Amerika's ignorance of world history and tyranny; it's no wonder why the government's steady erosion of the US Constitution is going on right under the nation's nose without the slightest protest or concern.
First issue is no one was locked up without just cause as you put it .... someone was left in a room by accident. As for the time period? Ever gone to an emergency room in todays clinic world? Heck 4 hours would be rush service!
Now about the Constitution. There have been eroded features, like allowing the office of executive branch and vice-president to run on the same ticket and having senators subject to popular vote but otherwise it is pretty much the same document. Whether it has been side stepped and nothing done is a different story. The Republic was designed to be a confederation of Republics rather than one hugh one as one of the checks and balances of the freedom of the citizen .... the reason being the historical fact that large republics degrade into tyrannies, as does large governments of any form. I do not understand why "The Federalist Papers" by Hamilton, Madison and Jay is not required study in public school system from grade 6 through 12. Of course then you would have to deal with the degradation of the education system that has become a social engineering experiment rather than a means to achieve educated free citizens.
So everytime I wait 4 hours At THe Dr's or dentist office I can file a lawsuit? I think he should file to have the buzzer fixed, but 4 hours, heck I sit that long in traffic waiting for a accident cleanup on the interstates.
Dennis--wrong.
We had an Articles of Confederation.
We got rid of it.
We're all ignorant on one subject or another. America is spelled with a "c".
There's a big difference. If you don't like waiting for hours at the dentist's office, you are free to leave at any time. The lawyer was not. He was effectively detained.
Mcmahan ........... The Articles of Confederation and the Constitution are two separate things. The Constitution was designed to correct the defects of the former..... a Federal entity to handle international issues, commonality of law between states, common currency, interstate commerce, etc.. Please read the documents written by the very people who played a crucial part in the design and adoption of the Constitution. "The Federalist Papaers" by Hamilton, Madison and Jay.
right....we believe that. After he states.....:
I am certain he wont after all he is an "upstanding officer of the court" he would NEVER think of filing a suit nor profiting from others misfortune or mistakes, its just not their way.....
GM Scooter
However, it sounds like he is the lawyer defending his jailed client. Remember the adage "never miss an opportunity to file a suit..."based on false imprisonment?Bwwwwaaahhhhaaahhhhaaa
Funny....YOU can be picked up on a whim and held for 72 hours without charge....But If a lawyer is inconvenienced for four hours ....bam....retirement money....
What is the scary part is that most politicians start off as lawyers. How was that allowed to become the routine?
72 hours without charge? If there is absolutely no charge at all, it is wrongful incarceration and you have the option to file a suit. Usually you end up with a public disorderly or public intox at the very least. They will ALWAYS charge you with SOMETHING if they hold you further than booking. In fact, just to travel a person to a jail requires an arrest, and false arrest can also get the officers in trouble, let alone the jail if the booking officer decides to hold that person without cause... There are lawyers that make their business on false incarceration alone. Ambulance chasers are bad, but a lockup loitering lawyer is the spice of justice. Contingency bills are a must though...
Intercom broken for 8 months? Incompetence overpaid.
Fix the damn thing.
He should sue and demand they fix it.
Lawyer forgotten in jail....now THERE'S a "feel good" story if there ever was one.
Lol! It's not the bottom of the ocean, but it's a start!
ha,have to agree.my old pu was stolen in sd back in late 80s.last word sdpd said before i left was 'will be in contact with you'.that lawyer is going to get his 'cut' somewhere in the end.but,he is lucky,could of 'mistakenly' been put into a cell and asked about 1am 'do you wanna be the man or the women.'
A lawyer not file a lawsuit? Of course he'll file a lawsuit! The San Diego jails are not a place you want to be trapped in, even if you don't belong there. Lawsuit coming right up.
" what if"....a metor stuck?...."what if" ...the building collasped?..."what if" ....you ran into a "client" who was unhappy?......"what if"......i gave a hoot in a holler about a lawyer? ....
That's funny!
I guess just being a lawyer make you fair game for vilification, to bad because most lawyers are just professionals trying to interpret the law and defend citizens against the improper application of the law or prosecutors trying to enforce the laws enacted by the will of the people.
Of course there are some incompetent and dishonest lawyers just as there are incompetent and dishonest business CEO's just to compare one group.
The honest, hard working lawyers should have the respect of their fellow citizens. Give them the same consideration that you would want. (Disclaimer) I am not a lawyer, have no relatives who are lawyers nor am I married to a lawyer. I do admire dedication, hard work and service that most lawyers offer.
Many people lack the skills to judge each person and event on an individual basis. Such people find it easier to generalize which requires just moments of automated "thought" and leaves them free to make light humor and blame other individuals for any unfortunate events which may occur involving those individuals. For some people to think in any other manner requires a level of higher thinking that they either can't or won't ever bother to make. I would also venture to guess that those with the least empathy (because that's all part of the personality described) would be the one's who would scream and cry the loudest at any misfortunes if they were the recipients, themselves... in this case, of course, they would be stating that everyone who works in prisons are idiots... and they would be the first ones to call a lawyer for themselves.
I guess any "blonde lawyer" jokes would not be appreciated by you humorless pontificators..?
If people ever heed one word of advice when dealing with attorneys this is it: No matter how trustworthy they seem, never ever, ever have a single conversation with one that you don't record on tape. Ever! And that includes in office or by phone!
I used to think that making deals behind the client's back and client dumping was something that only happened on TV shows like The Practice. Wrong. It happens all too frequently.
Me and my family had a problem with a local official regarding our home who, it became obvious, was trying to punish us for some reason. I found out that his predecessor, an acquaintance of mine, had recommended to the Mayor and Council that they not hire him because he had an abusive attitude. They hired him anyway. Since he couldn't take revenge on my acquaintance for this slight, he started taking it out on his friends.
We hired an attorney who tried to "mitigate" the problem. It didn't work. I brought concrete evidence of wrong-doing and told the attorney that the only way to stop this was to file suit. I was told by the attorney that she didn't care what evidence I found, she wasn't going to sue a town and I would not be able to find an attorney that would. Of course, she took the money.
I interviewed five other firms and was told the same thing. Finally, I called a firm which had done some estate work for us in the past. One of the largest in the state. They recommended us to a very prestigious firm that said they would handle the case.
At our first meeting, the first thing I told them was that we intended to file suit against the town and if they weren't willing to do so we shouldn't even waste each other's time. "Hey, you're the client. If that's what you want to do, that's what we'll do. We don't have a problem with suing a town." On that basis, we retained them.
Like the first attorney, they tried to mitigate it. Of course it didn't work but, in the meantime I did some digging and found 3 other resident's having problems with the same official for the same reason. We were all acquaintances of the man who advised the town not to hire him. He was using his office to conduct a personal vendetta and the means used were blatant. I also knew that once the media picked up the suit, more victims would crawl out of the woodwork.
According to our attorney, it was time to file and it was a slam-dunk describing the town's and official's actions as indefensible. Look it up. To come up with the money, our only recourse was to sell our remaining summer vacation cabin. We made the arrangements but, just to be sure, I double-checked with the attorney, explaining how we intended to finance the suit and asking, before we pulled the trigger, how sure he was that we'd win this. His reply was to go ahead with the sale and that there was no way we could lose. At that point, we went from owning 2 residences to being motel people.
Here's what we had. An official committing a pattern of official misconduct which is a 2nd degree crime, a Mayor who, already embroiled in another another matter, actively covered it up to save her political ass, and a town attorney who also actively covered up the abuse and, himself, committed abuse of process to facilitate coercion.
The sale was made, the money transferred into our account and I called the attorney to ask how much they needed to get started. He didn't return my call for 3 days. On the fourth, his secretary put me through. First, he tried to tell me that, unfortunately, the statute of limitations had run out! I didn't buy it. Last occurrence was not quite 2 years previous and the statute was 3. I blew up at him. Finally, he tells me that he could get in trouble but feels I deserve an explanation since I had been honest with him from the beginning.
He then proceeds to tell me that his boss at the firm ordered him to find a way to dump the case on threat of losing his job. "He told me, and I quote, make this go away." It was too political and it could adversely affect the firm's bottom line and ability to conduct further business. He advised me not to waste any more money on other attorney's because they'd only do the same thing. His parting words were "Good luck." I had liked him, I had trusted him and I actually felt sorry for him being put in that kind of a position of conscience. For a while.
The more I thought about it, the angrier I became. He could have said, for instance, your case is strong enough that you could file it nolo. I could help you behind the scenes if you keep my name out of it and I would have been perfectly willing to do that for him. But no, this was just a callous, self-serving disregard for other people's lives. I, myself, have walked away from, quit several jobs where I was asked to do something underhanded. Had the situation been reversed, knowing that people's futures were in the balance, I would have told my boss where to go, how to get there and what to eat when he got there. So losing your job is not a valid excuse in my book.
Now we needed every dollar to survive and could not hire another attorney to look into the matter. Besides, given the history, how could we trust any attorney? In the meantime, it was discovered that my father was suffering from congestive heart failure and had a quintuple cardiac bypass performed. I will never forget the look of incredulity on the faces of the visiting nurses when they came to check on him and upon entering the motel room said "You live here?"
But wait, it gets even better. About 4 years later, now broke and basically homeless, we discover that we may have a cause of action against the firm which, given the circumstances, could be pursued through something called equitable tolling. Apparently, our course of action was to file a complaint with the County Bar Association's Ethics Committee. I met with an attorney there and told him our story, all the while agreeing that this was a serious breach of the firm's obligations. But as soon as I told him the name of the firm, he stopped me cold. Told me there was a conflict of interest, nothing he could do, they couldn't recommend anyone and I had no other recourse.
If you love irony, you'll love this. It turns out that one of the managing partners of the firm that screwed us was, and I'm not making this up, Chairman of the County Bar Association's Ethics Committee.
It was another 3 years before I found out that the ABAEC's attorney I had spoken with had lied. Failing that complaint, I was supposed to file with the State Bar. But of course, the only way I would have known that is by talking with another attorney and by then, I'd lost all faith in the system. By then, the statute of limitations had long run out.
The point of this story is that, had I recorded my attorney's admission, those involved would have been disbarred and I would most likely have ended up owning a large share of that firms assets. Moreover, the original case would likely have been taken up again and those involved punished.
Instead, the official who committed a pattern of official misconduct managed to keep his job till he retired, continuing to harm others in the process. He is doing quite well and has been enjoying the finer things in life. The former Mayor, who actively covered it up, is enjoying her life and still gets the kudos and adulation that come from the position. The town attorney, who committed abuse of process and was complicit in the cover-up, still has his job and is doing fine. I have no doubt that our attorneys, who committed fraud and legal malpractice, are still making their 6 and 7 figure salaries and that they and their families have continued to enjoy all the finer things in life. While we, who committed no crime, literally had our lives destroyed.
20 years since this started. Dad died in 2001, mom followed in 2007. My son, who was a victim at the hands of a child molester my ex dated... well, I couldn't do anything to help him. And as for me, I've never been able to make enough to go back to school. The original property, which would have been worth $600k and was supposed to provide the seed money for our future... well I finally lost it last year.
Now, 3 years away from 60 with a body unable to compete with 21 year-olds, I still have to beg for work pounding nails instead of running the Design/ Build/ Property Management company I would have had had justice been served. 45 years of design, construction and property expertise in the toilet because at this age, if you aren't firmly established with a company or working for yourself, people assume there's something wrong with you. You must be a drug addict or an alcoholic or something and I am neither. Hell, I haven't even been on a date in 15 years. Couldn't afford to try to salvage this and be in a relationship at the same time. Besides, if you have any kind of conscience how can you drag someone else into this mess?
I once read an article from a legal professor who stated that this kind of behavior in the legal system is very serious because if people lose faith in the system that's supposed to protect them, they may very well decide that their only recourse is to take the law into their own hands.
I'm still mulling it over.
I just read every word, and while I wouldn't directly tell you to become vigilant(e) about it, I can tell you if I was in your shoes, I would be in federal prison for the murders of both mayor and official.
caddrafter,
I too read your posting start to end and sort of agree with what Cameron 2749593 says but to become a vigilante you are giving up all hope future and even your soul so to speak.
Why didn't you go to the ACLU or maybe the states governor or look for a law firm outside of the area in question? If it were me sir I would have to try things that are even a bit shady if that works in the long run. I assume you are losing your mind over this and that is the worst thing to have happen to oneself I'm afraid.
How about even looking for an attorney that isn't practicing anymore to possibly assist you? Time statues may have run out but if all of this was brought to light in the courts maybe there is still a way to proceed? I am not a lawyer but if I were I would've helped you because its the right thing to do and thats all there is to it. This country is going down the tubes because of issues just like yours but everyone is more worried about themselves than doing whats right anymore and that is what makes this whole issue so messed up.
Wish I had more to say or to try to help you but I do not, please take care of yourself and only give up if and when you are ready otherwise find a way to proceed at all costs.
Good luck, Mike
‘How can they forget about me?’ (emphasis on the "Me") Oh, boy talk about an ego, but then we're talking lawyers here so no surprise. Finally one stuck where they belong, only on the wrong side of the glass partition. Way to go San Diego, way to go. Hope you didn't forget to disinfect the room after you let him/it out.
PS: 156mensaiq, what have you been smoking?
Lawyers screw up all the time but their job is to convince a jury that life is suppose to run perfectly else someone is suppose to pay someone else whose expectations weren't met...
The best story on MSNBC's website this morning. Loved it. It made me chuckle.
Please!.....I've been "Trapped" at the DMV and on my daily commute longer than that.
Cops...seriously what are ya going to do.....
I think that it would be reasonable for him to submit an invoice for 4 hours of his billable time and call it done.
Hey, he's a lawyer. Does anyone really care?
Just look at the way the dufus posed for the picture. You know he is a good actor and will act out all the anguish he suffered from being forgotten. Easy $10 mil he ever scammed, err, I mean earned.
Sum Bitch, you mean there are honest hard working lawyers? Whoda thunk it?
4 hours! Holy cow, I can't believe the Lawyer made out alive. Close call bro. Good luck with your legalized theft of the public treasury.
Lol! But let's be fair: if this guy says being alone with only his own company was traumatic, he may be right.