Attorney Did Not Forward Our Mail

**Recall** · 06-13-2009, 08:38 PM

Attorney stated because he withdrew from our case he was not obligated to forward our mail.

Shouldn't attorney have sent mail unopened then, back to sender marked on outside, stating he no longer represented us instead of opening the mail yet not forwarding the letters? Wouldn't his opening the mail with no intention of forwarding be considered tampering with the US Mail which is a felony? It was addressed to me, in care of attorney.

**Mr. Knowitall** · 06-15-2009, 08:00 PM

If your ex-lawyer didn't forward the mail to you, how do you know it was opened?

What harm did you suffer as a result of the lawyer's actions?

**Recall** · 06-15-2009, 08:49 PM

Copy of file showed he received 2 letters and opened dated envelopes.

We are now being sued by third party with regards to the letters.

But the question was; if attorney did not intend to forward our mail, shouldn't he returned back to sender unopened? Opening mail and not forwarding would be a mail tampering felony correct?

**KeyWestDan** · 06-16-2009, 03:46 AM

I doubt anyone would care to prosecute, however, he should have had the mail returned to sender. He should not have opened it. In fact, by opening it, he may have tactily agreed to the fact that he was still representing you.

I would file a formal complaint with the state bar.

Also, HOW he withdrew from your case is important. Was he still listed in the court docket/records as your attorney. Why would anyone send him mail having to do with your case if he was no longer listed as your attorney. He can't just say to you he withdrew. It has to be filed with the court. If the court docket says he was your attorney at the time of the letters, that is malpractice.

If this is the case, then anything that is happening to you as a result of those letters being unattended to is certainly excusable neglect on your part and legal malpractice on the part of the attorney.

He will not get anybody to sue him for you, but the bar might do something and you might get some relief in court. Maybe the attorney will pay you to go away even.

**nite_riderusa** · 06-22-2009, 02:15 AM

This question would be best presented to the postal inspector. Contact you local Post Office for the information. If not illegal, it would certainly be unethical. You can also contact the local bar association and file a complaint.

**aaron** · 06-22-2009, 05:03 AM

Quoting Recall

Copy of file showed he received 2 letters and opened dated envelopes.

But your copy of the file didn't include the letters themselves? And your ex-lawyer was unable to explain their omission or provide copies?

Quoting Recall

We are now being sued by third party with regards to the letters.

So there's a lot more to this story, but it's probably something you should be discussing with your current lawyer.

**Recall** · 06-22-2009, 09:50 PM

He did include copies of the letters and the dated envelopes, although not until 6 months after I initially asked for file and 4 months after I was sued by third party.