Social Security attorney David Lowry is the "Vampire Lawyer!"
Killed off by client time after time but keeps coming back to life!

I have several complaints against David Lowry.  The most recent complaint stems from his failure to appear at my Social Security hearing.  David Lowry was the only one who didn't show.  The Judge and staff, myself and witness were left waiting for over two hours until the judge declared that enough time had passed and we were all dismissed to return to home or work.

David Lowry's lack of professionalism is beyond the realm of poor.  Not only did he not appear, call or attempt to contact anyone to report that he would not be appearing, he nor his office staff made any effort to call me the following day.  When I called the Lowry office the following day I was told that his staff had only assumed that David Lowry had only assumed that David Lowry in turn assumed the people...would "know."  I never did get an explanation or apology from David Lowry.

Needless to say. I fired David Lowry and have obtained other counsel.

****

When Lowry was hired, I met him ONCE face to face.  The purpose of the meeting was to sign a a contract for his services.  IF I won, he would received 25% or $4000.  I have recently received a motion by David Lowry indicating that he feels he should received $9,300 if I win my case to which I strongly protest.

When I met David Lowry in The Dalles the day of the hearing David Lowry informed me that he and the judge had a poor working relationship.  This information would have been helpful to know in order to better prepare myself and my witnesses for the tension that was very apparent during the hearing.

Prior to the hearing, I received paperwork in the mail from the judge.  I called David Lowry's office to ask if I should send him the paperwork after I filled it out so that he could review, copy and then forward the paperwork to the Judge's office.  David Lowry advised me to disregard the paperwork.  Based on David Lowry' advise, I did not fill out or return the paperwork or return it to Judge Schloss.  During the hearing, Judge Schloss asked me if I had received the paperwork, I said yes.  He asked why I did not return it as directed by his office; I responded that David Lowry advised me not to.  At that time, Judge Schloss advised David Lowry that his behavior was in contempt of court.

{I can also accurately state that Administrative Law Judge Schloss did say to David Lowry that he found his behavior to be "contemptuous."  And David Lowry did in fact instruct me to disregard the paperwork sent by Judge Schloss to fill out prior to the SSA hearing in The Dalles.  The tension in the room (between David Lowry and Social Security Judge Schloss) was very thick and my witnesses were made painfully aware of that fact.}

Later in the hearing, Judge Schloss indicated that additional evaluation for me would have been appropriate by Vocational Rehab.  I had been working with Voc Rehab prior to the hearing.  This information and documentation was held by David Lowry.  When I addressed this with David Lowry during the hearing David Lowry instructed me to "be quiet."  he failed to present evidence at that time.  To my knowledge, he did not present it after the hearing either.  The hearing was a very traumatic experience for me due to the hostility in the room with David Lowry and Judge Schloss.

At the conclusion of the hearing, Judge Schloss informed me that a ruling would be made within 6 months at the latest.  As the 6 month time frame passed, I would contact David Lowry's office for an updates, there were none.  It became quit apparent that I was part of a numbers game with David Lowry's office.  He would take on many client and hope that he would get paid on some of them.

I was so dissatisfied with Lowry's representation; I informed his office staff that I wanted no further contact with David Lowry.  I would have spoken directly to David Lowry but the staff would field the calls.  I verbally terminated David Lowry as my attorney.  At this time, no one from David Lowry's office informed that I would need to send a letter.  When the ruling by Judge Scholl was finally given, I assumed that the entire affair was over.  Had I know that I could file a formal complaint with the Oregon State Bar Association at that time, I would have.  I heard nothing from David Lowry's office beyond a monthly billing for some copy fees until the spring of 2003.

I was first made aware of my appeal from the Eugene Office of Hearings and Appeals.  On the paperwork was referenced to David Lowry being my attorney.  Even after I had informed his office that I had terminated his services, he had continued to pursue my case.  I was informed that the right to appeal had been won and I would have another hearing.  I was shocked by this information as I had fired Lowry (years before).

I contacted David Lowry's office about the appeal paperwork and there was no recollection or documentation in the files that I had terminated David Lowry.  I was instructed by his staff that I needed to meet with David Lowry again at his office to sign another agreement regarding David Lowry's fees.  I said I would not do that yet David Lowry continued to pursue the matter.  By the time, I was once again very frustrated by David Lowry and his lack of adherence to my having terminated him.

....Because of my continued health problems and the emotional distress that accompanies the illness, I was in no mind set to question or argue further regarding David Lowry the appeal notification.  I was too sick to debate with David Lowry.  I didn't know what to do as I had fired David Lowry yet he continued to pursue this matter.

There was minimal contact between myself and David Lowry from the notification of the appeal notification and the hearing date of January 7, 2004. 

David Lowry did not appear for the hearing, (even thought he told me and my witnesses to meet with him an hour before the hearing at the courthouse) nor did he or his staff contact the Office of Hearings and Appeals to state that he would not attend the hearing.  My witness, the judge and his staff waited nearly 3 hours for some type of communication from David Lowry; none came.

The following day, I initiated contacted with David Lowry's office and informed them as well as Mrs. David Lowry that David Lowry was fired.   At this time Mrs. David Lowry instructed me to send a letter via certified mail confirming my decision.  I mailed the certified letter to David Lowry and a copy to the Office of Hearings and Appeals stating that David Lowry was fired.

Even after the verbal notification and the letter sent to David Lowry, his office staff continued to contact me regarding further rescheduling of my hearing.  I would at that time, inform the staff that David Lowry had been fired and that I wanted nothing more to do with him.  At this time, I understood how poor the documentation and communication is in David Lowry's office.

I notified the Eugene SSA office that I would be obtaining other counsel and asked for a continuance until that could be achieved.  A copy of the correspondence is attached as well as the signed return receipt for the certified letter from David Lowry's office.

Recently, I received a copy of the motion filed by David Lowry with Judge William Stewart Jr., requesting that David Lowry be awarded monies if my appeal is won.  David Lowry states in the letter that he feels his services should be awarded $9,300.00 which I strongly protest.  I don't feel this man, David Lowry, deserves a dime as he has continually proven himself to be incompetent and has more than once been fired by myself yet he continues to state he was representing me in this matter.  He also states in the letter that his services were in effect until April 22, 2004.  There is nothing that this man has done to deserve any funds in my opinion.

Again, I protest David Lowry's motion to received any funds that may be awarded relating to my Social Security Disability claim. 

Joni C.

cc: Social Security Administrative Law Judge William Stewart Jr.  "Dear Judge Steward, I feel a total lack of confidence in David Lowry and that his behavior may have negatively influenced my case."

Click here to return to Oregon State Bar Reporter (found on the internet at www.OregonShyster.com )