ComplaintsforThe Law Office Of Karen Oakley, LLC

• Initial Complaint

  06/25/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Unanswered

  More info

  I paid half of the retainer fee upfront 6,250 along with monthly payments of $500 to Karen Oakley’s office. However, I have not received any response regarding my request for a refund. Could you please assist me with this matter? Thank you for your prompt attention to this issue.

• Initial Complaint

  02/07/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Unresolved

  More info

  Miss ****** was paid the sum of 12,100$ to file a Heabus corpus motion on behalf of my fiancé. She had asked for 6000$ for the first phase. The first phase was investigation work to be done by her. To obtain his criminal records and or files and see what relief she could find within the records. The second phase was to file the motion with the courts. Miss ****** filed an improper motion of heabus corpus. In a heabus motion you are supposed to summons the warden and she never did. It was captioned habeas corpus but it was under the post conviction case code. After she filed the motion with the courts, we had contacted her office to get a copy of records and files. She responded she didn’t have them. She had never asked the court for them which put her in breach of contract for phase 1! The motion she filed was improper and was ruled on as a post conviction motion instead of a habeas corpus. She had then emailed us and said that her work was finished and their attorney/client relationship had ended

  Business response

  02/17/2023

  I Filed a Motion pursuant to Ohio Rev Code 2953.21, which is a petition for Post Conviction relief.  Specifically the statute states " A)(1)(a) A person in any of the following categories may file a petition in the court that imposed sentence, stating the grounds for relief relied upon, and asking the court to vacate or set aside the judgment or sentence or to grant other appropriate relief:
  (i) Any person who has been convicted of a criminal offense or adjudicated a delinquent child and who claims that there was such a denial or infringement of the person's rights as to render the judgment void or voidable under the Ohio Constitution or the Constitution of the United States;
  (ii) Any person who has been convicted of a criminal offense and sentenced to death and who claims that there was a denial or infringement of the person's rights under either of those Constitutions that creates a reasonable probability of an altered verdict;

  A writ of Habeas Corpus is a Post Conviction Relief Petitioner.  You are asking the Court  to order the custodian of an individual in custody  to produce the individual before the court to make an inquiry concerning his or her detention.  Basically the argument is that the person is being detained illegally.  I have attached the Memorandum in support in which you can see what the Memorandum supports.  I did have his record.  He sent his record to National Legal Professional association.  I obtained the record from them and once I was finished with the record I returned it to NLPA.  

  The Client also filed paperwork with the Court asking to amend the caption.  The Client's conduct cause confusion with the Court.  Additionally, Nothing was filed with the Court without the permission of the Client.  

  Customer response

  02/17/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ** ********* and have determined that this does not resolve my complaint.  For your reference, reasons for rejection are included below.

  1, Heabus Corpus and post conviction are two separate forms of relief. As an attorney you are aware of that. A Heabus Corpus is a civil action against the state or (warden). Which warrants a filing of a notice of civil action against the warden. Which was never done. The title of the motion you filed read the caption  WRIT OF HEABUS CORPUS and not POST CONVICTION. Under YOUR mistake YOU confused the courts. . 

  2. ******* never sent any records to NLPA! He had/has been fighting with the courts to get the records himself and has never gotten them. *******’s family paid NLPA a sum of 3000$ to obtain records and  There was/is also no filing of any motions in the courts to obtain any criminal records from yourself or NLPA! In your agreement you stated you would investigate his case which includes obtaining those said files yourself! There is no case files on his docket sheet so you couldn’t have investigated it from there. In order to obtain said files you would have had to personally go to the courts or file a motion to obtain them through a court order. None of that was done through you or Nlpa! We have a right to get those records from you with the 11,100$ you were paid. Where are they? 

  3. We paid 11,100$ to you. You filed a total of ONE improper motion. You were also given names and phone numbers of witnesses in the case and none of those witnesses were ever investigated or contacted by you, or your office. We obtain 2 of those witness statement ourself. You also never asked ******* for his own statement which should have been included in the motion. 

  4, You also filed a notice of appeal PRO’SE with out his knowledge. You had already sent a email stating you were no longer his attorney before said motion of appeal was filed. Which left ******* with less time to obtain other evidence and arguments to fight his appeal on his case. 

  5, We would like to know what the 11,100$ that was paid to you was for? We would like an itemized statement in regards to the 11,100$. 
  Thanks, 
  
  ****** *****
  

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