Timothy D. Record Attorney At Law Yet Another Attorney Ripoff Jackson Mississippi

My wife has a "short term memory deficiency". I believe (I can't prove it, but I believe it) that the cause was uncontrolled diabetes. I found (by accident) her old log book, and the blood glucose readings listed therein are terrible. What REALLY p***es me off is that NO DOCTOR ever called me in for a sitdown to discuss the situation. But when I took her to the hospital (I had come home and found her trying to unlock our truck with her finger and saying "bad truck, it won't open...") I was treated like a criminal by the examining doctors as though it were all my fault.

I understand all too well when someone complains about having to deal daily with someone who lacks a short term memory. People who lack a short term memory are always apprehensive, because thay do not know where they are going.... everything they see, they see for the first time.... They are always in a new town. Except if they should return to their childhood home.... then they might relax.

People who lack a short term memory need constant supervision and assistance..... If you want a thrill, be in a large store and have a stranger walk up to you and distract you by asking you a question. You answer them, they walk off, you turn around, and.... your short term memory deficient spouse is GONE! Talk about panic.....

The only good advice a doctor gave me is "Make her think".... and I do.... with some success. I also push salmon meals and fish oil capsules. Now, if something is REALLY important (to her) she will remember it until she deems it no longer important.

I retired because of my wife's situation. I cannot leave her alone, and even an excellent adult daycare facility could not control her diabetes nearly as well as I can. Anyway, I wasn't getting any younger, so retirement was a good solution. At least we have money and first-class company-provided medical insurance.

So consider "S of NY" 's comments about his short term memory deficient sister most carefully. I don't have to. I live it.

For those who are still reading this complaint, here is what really happened....
(BTW, when Patricia made this complaint (both here and to the Bar), she waived the attorney client privilege)


What the Officer's Report said, "On 08-08-03 at approx. 2048 hrs. I arrived on scene at Three Rivers Rd. and Dedeaux Rd. In the parking lot of Hancock bank. Upon arrival I made contact with the suspect after taking another suspect into custody for DUI. The suspect was a friend who had been following the other person home becasue she had been drinking and refused to stay at her house. The suspect stated that she had 02 glasses of wine after Miranda and was on an anti-depressant which she had taken 02 of at around 1400 hrs. this date. She stated that she was just trying to make sure her friend got home alright and was guilty. The suspsect was offerd HGN because of a spinal problem affecting her no other field tests were offered.

I then offered the suspect a PBT (.145) and she was taken into for DUI. The suspect was then transported to the North Gulfport station by [police officer] and I observed her for 20 minutes and then read her the IP-29 form and then offered her the Intoxilyzer 5000 (.154). The suspect was then bonded out."

The officer's report also said, the officer observed her driving and upon his approach he told her to turn vehicle off. The officer wrote his observations of client on report as watery, bloodshot eyes with dilated pupils & strong odor of intoxicants on her breath. He also described her as swaying while standing and had slurred speech.

What Patricia also failed to say in her past postings was the amount of wine. Those two glassses of wine were 12 oz. each.

Finally, I defended her to the best of my abilities in city court. I would never "tank" a case because of my personal thoughts or beliefs. Eveyone deserves the best defense they can get. However, DUI Laws are written to help the state get a conviction. Just look at the number of Constitutional Rights that are removed/suspended when it comes to prosecuting a DUI/DWI offense.

After Patricia filed her bar complaint, there was an investigation. The Mississippi Bar said there was no ethical misconduct on my part and cleared me of any wrongdoing.

I wasn't going to respond initially, which is why I waited until now. However, after 4 years it doesn't seem like it will go away. This is only the second bar complaint filed against me since I was sworn into the Bar. Other criminal defense attorneys have many more than that and in less time. That is the nature of the beast. We defend people who, like it or not, are accused of breaking the law. Innocent or Guilty, they all deserve a defense - and not a sham defense.

Patricia got the best defense I could give her given the facts of the case.

Being from Jackson Mississippi, I've heard of a lot of complaints of Vic Carmody Law Offices. The going rate for a DUI defense is about $1000-$1500 they charge $3500. In my opinion, they charge a premium for services implying they have the connections and the experience to get a judgement in your favor. Luckily, I don't have first hand knowledge of their practices but anyone considering Vic Carmody or any of his lawyers should be aware of unhappy clients.

Thank you again for all the comments and thoughts. S, in Glens Falls, all I saw out of that long and rambling response I just read was that you are happy you finally "made" me see myself in the mirror. YOU didn't make me see anything, no more than YOU made me drink two glasses of wine that fateful day. YOU can't make ANYONE do ANYTHING. I did it all myself, from the criminal act down to doing what I can to correcting it. And, it doesn't matter to me whether you believe me or not. As long as I know the truth and I am taking the appropriate measures is ALL that matters. And, thank you for praying for me. I pray for you, too. And, a final footnote...and this should have tipped me off to begin with...my attorney is a former policeman, as are the attorneys in his office, the judge, and the prosecutor. Oh, and the paralegal is married to a police officer. I have nothing against police officers. I was married to one for 13 years, who was lost in the line of duty. This attorney was a former police officer who told me I had a case against the city, after reviewing it with the other former police officers in his firm, and told me he could win this case. This entire stupidity on my part has been a life-chaning event for me. I am doing what I can to help others not face the same consequences and avoid hurting themselves and/or other innocent lives. Like I said, whether YOU believe me or not doesn't matter to me. And I'll pray for you, as well as for those policemen turned lawyers who mislead people like me and steal money. Bottom line is, it's a money-making racket...from the bail bondsman on up. And, as far as I'm concerned, he stole my money. And, yes I know about the bar and I promptly reported him, because he was incompetent. If you knew everything about the case, you would know why. But, that doesn't belong here. Yes, I was convicted. Yes, I'm paying. Yes. Yes. Yes. Guilty as charged. But, he is still a 'green' and incompetent lawyer, who I pray will get some education or at least be honest with the next convict that approaches him for advice. And, S, if you really want to help, why don't you do something about getting rid of DUI attorneys, because there are a lot of them out there defending us drunken, worthless, slime. Disillusioned? Not me. Prayers and thoughts to you and yours and everyone who responded to this complaint, WHICH STILL REMAINS A COMPLAINT ABOUT AN ATTORNEY RIP-OFF, and to those who will respond in the future.

Tim,

I live in New York, where drunk drivers are vigorously prosecuted. I would never need nor want your help in the future because I would never drink and drive. With the amount of commercials, arrests and press time drinking and driving has received over the last 15 years it SHOCKS ME that people still do it. I am by NO MEANS a saint, but even if I was a person with no morals at all, I still wouldn't drink and drive. I would think I would be most surely arrested in this day and age!

I responded to Patricia not because I hate drunk drivers. I responded because of her blantant refusal to take responsibility for her actions. Yes, everyone at some point in their lives gets into some sort of trouble, or feels they got ripped off. But to complain about a drunk driving issue here is ridiculous. One minute, she says how she's paying for it for the rest of her life. The next minute she is blaming it on her inhaler. All I said was to take responsibility. If I got caught drinking and driving, I would also get a lawyer. But I would be so EMBARRASSED about doing something so stupid that I would NEVER complain about it here. Chalk it up to stupidity, but leave all of us out of it! She can't honestly think that after leaving that report, she would receive wonderful, cheerful comments about how awful it was for her and how everyone was behind her. POWER TO THE DRUNKS, RIGHT?

Thank God I don't believe that she joined MADD. I only heard about how she's "paying for it for the rest of her life" after I made her take a long look in the mirror. I was a member of drinking and driving forums, and prevention groups since HIGH SCHOOL. I didn't need my sister's accident to make me join.

Patricia, you say you are happy you don't know me. But I wish I knew you. You think my words are harsh, but you already knew you would receive them. I think that part of you was looking for validation on this website, ala Tim. I wish I knew you so that I could educate you. You sound like a smart but disillusioned woman. I just wanted you to know the consequences of your actions. My sister spent 6 months in a coma where her eyes were open, but she didn't know her family was there. Then, she spent 9 months in rehab, where she had to learn to tie her shoes and eat again. The part of her brain that controls her short term memory was destroyed, so she didn't remember what you said to her 2 minutes later. Do you know how heart-breaking it was to have to leave her in rehab hospital after she begs to go with you? How she felt abandoned because she didn't understand what happened to her or why she was there? Do you realize that because of someone's negligence, my sister won't ever have a full-time job ever? That she has to explain to ignorant folk that she is the way she is because of an accident, and not because there is something wrong with her? Do you know how many times people have come up to me or her and asked what was wrong with her becuase she seemed "different?" Do you know what it is like to "meet" your sister for the first time again? These are all things I wanted to educate you about because sometimes you don't know until someone tells you.

I AM harsh, I admit it. But I have no sympathy. Not many do. Patricia, you need to do something serious, and not just say you did because you think that's what we want to hear. You are not the only one that may need education. You may think I'm a horrible person, and your glad you don't know me, but I pray for you. I am extremely forgiving, but it is not my job to forgive you. Pray for help, because you will be forgiven in the end.

All the Best

Did you ever think the lawyer felt you we're guilty and did a crappy job on purpose?? HAHA. He was probably winking at the judge evrytime he said something that could help you! Hope you die by the hands of a drunk driver.

Patricia, those were my thoughts exactly. It's great that you feel so strongly about this, S, and the world neds advocates like you to combat this problem. The continual belittling, however, is by no means productive. Patricia is paying for her crime in many severe ways. I know that makes you happy, so let that joy be enough and let this woman take the punishment the State has decided to dole out to her without the added verbal punishment you feel she so desperately deserves. You're not talking to Jeffrey Dahmer here, you're talking to someone who had a lapse of reason that placed other people in danger. And for that she is paying, and will continue to pay for years to come.

In all of the passing of judgment we have lost sight of the original complaint. Patricia was not complaining about being wrongfully convicted, or exceedingly punished, but about a lawyer who she feels didn't do his job correctly.

None of us are immune from a ride in the defendant's chair, be it for criminal or civil matters. When we shell out a great deal of money for an attorney, we have the right to expect competent representation, and the attorney is ethically bound to provide it, no matter what his fee.

I don't see any lack of competency on the part of this attorney. I see a client who chose to blame her lawyer when the law was stacked against her. This is what Americans do. When we win, it's because we have a good case. When we lose, it's because our lawyer is incompetent.

But sometimes lawyers actually are incompetent, or are competent but don't live up to their ethical mandate of providing the best service possible for every client. And regardless of the situation that put us on that lawyer's client roster, we have the right to voice our concerns. That's why there are state bars and ethics committees, that are usually overseen by the State Supreme Court to ensure the ultimate in fairness. And any lawyer will tell you that the birds that sit on ethics committees are not a part of the feather, and they certainly don't flock together with the street level attorneys. They will do everything possible to preserve the integrity of their state bar, but they cannot arbitrarily dole out punishment every time a lawyer loses a case.

Nonetheless, Patricia shelled out $3500 for this lawyer, and she a has a right to be angry if she feels he didn't do his job, mistaken though she may be.

By the way, if you think $3500 is a cheap lawyer, and a good DUI lawyer costs somewhere around ten grand, please give my secretary a call in a couple years if you need any legal help!

Thank You - again For your comments. I have accepted complete and total responsibility every day for my stupidity. I'm am 100% guilty. Dirt beneath yours and all of society's feet. I am a common criminal. I'm serving my sentence. S in Glen Falls, are you finished beating me up now? No? Well go ahead and rant on. Or maybe you could be out helping to rid the world of scum like me instead of just sitting behind a computer condeming people. I got your point. You are a very angry and unforgiving human and I'm glad I don't have to know you in person. However, you sound like someone I met once. Now, go out and conquer the world. Or, perhaps help catch some murderers or rapists or child molesters...unless you think these folks deserve much better in life. Oh I did join MADD, so in a sense I'm on your side. I'll bet that really boils your blood...lol. Take care S in Glen Falls. You made your point to me. There are others out there who need you.

The associate chief of police adviced you to get counsel because you were facing MAJOR CHARGES, and that is the ONLY reason. He was being a responsible police officer and being more than nice to you. And I don't know who told you that an inhaler can cause a false positive on a breathalizer, but they must have been just as drunk as you were. I am an advocate against drunk drivers and I have heard all of the myths, but that is brand spanky new to me. The court oviously laughed like I did. Another excuse.

I'm so happy that you no longer drive and take the bus. Do you not trust your drinking habits so much that you won't drive again? And what gives you the right to interfere in another officer's job by pulling up where your friend got pulled over and "seeing if you could help?" No wonder you were arrested!

Look, its great that you took steps not to do the crime again, but you have to understand that you began this forum to complain about your lawyer because he didn't get you off a drunk driving charge or lessen it when he told you he would. It's ridiculous to assume that a cheap lawyer can do that, and than complain about it here. WE HAVE NO SYMPATHY. THIS IS NOT A RIP-OFF.

By blaming it on your inhaler, the police officer and the lawyer you are not facing the truth: YOU decided to drink and drive and its no one's fault but YOURS you were convicted. Try actually looking in the mirror at your reflection. Maybe it will tell you something important about yourself. But to come here and complain about a cheap lawyer that didn't get you off is CRIMINAL.

Anguish? I have lots of it. When I remember the intensive care unit visits, the rehab visits, the breakdowns, my parents, watching how much trouble my sister has with basic repetitive work, seeing my brother seep slowly into alcohol abuse at 17...

The most anguish I have is when I have to read about people not looking in that mirror and facing what they did. Go to a hospital and meet someone like my sister and I guarantee you will be blaming yourself, not everyone else.

Advocate for the Tramatic Brain Injury Association of New York

First of all, I was never pulled over. A friend was pulled over and I pulled up to see if I could help her. I had also had an asthma attack and used an inhalant, which I was told caused a false positive. And I was advised by the ASSOCIATE CHIEF OF POLICE to obtain legal counsel. Otherwise, I would've just gone with the flow. In any case, I've paid for this mistake in more ways than one. And your criticism is noted. It was the first and only time I have ever been in any kind of trouble and I'm nearly 50 years old. I no longer drink any alcoholic substances. Don't even use flavorings in my cooking. I sold my car and take the bus or a cab when I need to go somewhere. I'm sorry for the anguish of my responders. Thank you for your comments.

Your kidding, right? Your not actually trying to get people to feel sorry for you because you drink and drive and than got a cheap lawyer to get you off and it didn't work? BRAVO to the legal system in that city for not letting yet another drunk driver off because they thought it was "unwarranted." They arrested you because you showed cause that you were under the influence of something. I don't know how many times I've heard drunks like you say "They shouldn't pulled me over, I wasn't doing anything wrong. I wasn't swerving."

My sister has a permanent head injury from a drunk driver who blamed it all on her. He wasn't drunk, she walked out in front of him. Everyone was lying, including his friends who all said he decided to start drink at 10am that fateful morning. He is now in prison and my sister has problems keeping a job because the part of her brain that handles short term memory has been damaged beyond repair. I almost lost my sister because a drunk couldn't take responsibility of his life and his actions.

Do you understand that a good lawyer for a case such as yours is three times as much money as what you spent? And you stayed with him through the entire case even though you mentioned you saw signs of his lack of skills early. You could have switched lawyers! And since your so cheap you may have been able to get a court appointed lawyer.

The problem in today's society is that no one takes responsibility for their actions. You do the crime pay the price! You are an ignorant drunk, and I hope that you got some jail time. But since you think it was all "unwarranted" you probably will drink and drive again. I just hope you don't kill anyone but yourself. Because my air is too precious to share it with you.

Advocate for Tramatic Brain Injury Association of New York

I've identified the problem here, if you look closely into your computer monitor, you may just see it in the reflection...

Here's how you can avoid this "rip-off" in the future:

DON'T DRINK AND DRIVE !!

Christ, I'm glad to hear that you lost the case and that you had to pay out the money.

I mean you say " After researching the internet for legal assistance with a DUI I felt was unwarranted"

HELL... I might feel sorry for you if you say "after being falsely accused of DUI..."

But you're guilty! A cheap lawyer isn't going to fix that, if you drink and drive you could kill yourself, or someone else, and lose a lot more than a lousy $3500.00

"I learned a lot of lessons from this experience"

Hopefully you learned to call a *$&@ taxi.

I think I'll go file my own rip-off report now in the "drunk driver's" section.