Richard McGinty State Bar Complaint April 17, 2005

Oregon State Bar-Disciplinary Counsel’s Office
P.O. Box 1689

Lake Oswego, OR 97035-0889

Re: Richard F. McGinty

I am the attorney for Social Security Disability for xxx. Previously to my representation, Richard F. McGinty was the attorney.

My review of the facts and file shows that your Oregon State Bar member filed a social security claim for xxx and that was denied and also denied on Request for Reconsideration.

Thereafter Richard McGinty failed to file for a Hearing Before an Administrative Law Judge. Because of this apparent malpractice, Mr. Ginty was terminated by Ms. xxxx.

The case is before the Administrative Law Judge on a request for hearing filed by claimant on December 23, 2005.

The claimant was sent notice of the reconsidered determination in this case on July 15, 2005...

The notice shows that a copy was sent to her representative, Richard McGinty.

The Request for Hearing was not signed until December 22, 2005, received by the Social Security Administration on December 23, 2005. The request stated that the claimant and her representative were not notified of the reconsideration denial.

That is contrary to the documentation in the exhibit file.
....
Therefore, the claimant's request for hearing is hereby dismissed.

McGinty told to not contact his client after she fired him but contacts his ex-client anyway.

"Attached is a copy of the curious, quasi-official looking document apparently signed by you terminating my legal services....Please remit payment (to me, Richard F. McGinty)...to avoid legal collection actions...

Richard F. McGinty does it again...contacts a client who is represented by counsel AFTER that client fired him and after that client contacts an Oregon attorney exploring suing McGinty for malpractice:

Private Practice Attorney Attorney at Law
Member United States Supreme Court Bar. Member California Bar
15532 SW Pacific C-1B #101
Tigard, Oregon 97224
(503) 639 6666 ussyorktown@comcast.net

Saturday, April 29, 2006

Oregon State Bar-Disciplinary Counsel’s Office
P.O. Box 1689
Lake Oswego, OR 97035-0889

Re: Richard F. McGinty

I hereby submit the following complaint. Your bar member, Richard F. McGinty has contacted a person, who is represented by counsel when he apparently (who can say?) knows your Rules of Professional Conduct and after he was ordered by his client to never contact him.

This after she fired him for his malpractice in permitting her Social Security case to be

thrown out by the Social Security Administration,
losing an appeal before the Social Security Judge and
thereafter losing an appeal before the Social Security Appeals Council.

Surely, some of your ethics rules are enforced from time to time, I trust, or different rules are enforced but others are not on a seasonable basis or perhaps some attorneys have copies of your rules of professional conduct with various pages and passages missing.

In any case, here is Richard F. McGinty, with red hands and brown stationary contacting a client who fired him for his blowing the case, knowing full well that this client told him to never contact her again (cavalierly ignoring the rule against contacting a client represented by counsel or apparently unaware the rule even exists)!

Private Practice Attorney

Attorney at Law

# # Oregon Rule of Professional Conduct 4.2 "...a lawyer shall not communicate or cause another to communicate on the subject of the representation with a person that lawyer knows to be represented by a lawyer on that subject..."

The Appeals Council of Social Security doesn't believe Richard F. McGinty: April 2006

[Richard F. McGinty} asserts that he did not receive a copy of the reconsideration notice and although this notice shows that a copy was sent to him, he believes that because his address is not shown on this notice, it may have been sent to his old address (last used in 1995!). However, the record does not show that Richard F. McGinty's copy was returned by the post office.

In addition, the Appeals Council notes that when Richard F. McGinty filed the request for reconsideration, he used his current address, which in this case is Richard F. McGinty's current address. Consequently, the Appeals Council concurs with the Administrative Law Judge's conclusion that there is no evidence to show non-receipt of the reconsideration notice (and therefore does not believe Richard F. McGinty and the claimant's Social Security claim stays thrown out of court).