Delta County to seek legal options after attorney's office rejects certified mail for client files

Delta County's Board of Commissioners on Oct. 14 directed the county administrator to consult the county's civil counsel and return to the board at its first November meeting with recommended next steps after repeated failed delivery attempts to Attorney Graham's office and a lack of returned client files.

The administrator reported that certified letters sent to Attorney Graham's office on multiple dates were rejected each time. She said termination of the contract required return of client files and that the county had exhausted multiple outreach methods, including certified mail, letters, emails and phone calls. "Not only have we reached out, email, letters, phone calls, certified letters, and termination of a contract, we are getting no response from this individual," the administrator said.

The administrator recommended filing with the attorney grievance commission for two items: a possible breach of contract for failure to return client files after termination and a potential violation of Rule 1.4 (communications), which governs a lawyer's obligation to communicate with clients. The board voted to instruct the administrator to consult with civil counsel and to present recommended actions at the first meeting in November. The motion passed on a recorded vote.

Commissioners and members of the public discussed the county's documentation of delivery attempts; the administrator said she has postal documentation and on-line tracking showing the rejected attempts and verified the office address against Graham's last invoice. Resident Joe Kaplan recommended adding email and phone call records to the file to show additional attempts to contact the attorney.

No formal grievance filing had been made as of the Oct. 14 meeting; the board's action was to seek legal guidance and prepare any necessary filings.