My attorney was Efrain Sain. His office address information is: 13250 Branch View Lane Dallas, TX 75234
I fill he very poorly represented me in an assault charge filed against me as a result of his lack of interest in following through with the responsibilities of his position.in all honesty, it appeared as if he was working against me rather then on my side.
1. I was having my doubts about weather or not Mr. Sain could handle the case due to his apparent lack of interest in discussing it with me. It was like twisting your arm to arrange for any discussion as to how he would be representing me. Finally, I just showed up at his office to ask him if he felt this was a good case for him, or if I should get another attorney. He refused any refund any of the $3000 I had already paid him. Even when I did show up at his office, I dont believe he even listened, or was interested in what I had to say. He told me, most cases he handles he knew the defendants were guilty from the start, and that he was very excited about this case because he believed that I, the defendant was innocent, and assured me he wanted the case because he felt certain of a positive outcome.
2. Because he refused to meet with me prior to the court date to discuss the trial. I just showed up at his office two days before the trial. He gave me little time, did not take any notes, and seemed aggravated about giving me the time. He was not prepared for the case at the time of the trial because he had no notes. Throughout the trial, he had to continually ask me questions regarding what all had transpired.in the trial closing, he approached the jury with note cards, and frequently got confused, and lost his train of thought, and where he was at with his note cards. He honestly appeared to be on drugs or inebriated.
3. He swayed the woman in the vehicle with me, by telling her to "act as a hostile witness" against me. She told me this after the trial when she and I had gone swimming at the club she belongs to. She told me that he assured her he believed it would look better in the case if she conveyed we were not friends anymore. I was not made aware of this by Mr. Sain at any time, before or after the trial.
4. When we were seated at the defendants desk before the trial begin, he just starting to write notes on how he was going to go forward. I do not believe that he had prepared anything until moment before the trail begin. On top of all that, I came in wearing a suit and tie; he showed up wearing some khaki pants that looked like they were years old, had never been dry cleaned, a wrinkled shirt, and some black walking shoes. It was an embarrassment. The prosecution was sharply dressed, and looked presentable to any typical trial.
5. During the case, I would write him notes on issues I felt needed to be addressed, and he just disregarded them. These were issues involving claims made by the prosecutions clients, and events that occurred during the incident that were not being disclosed, or being lied about. During the trial, he would continue to walk around nervously, which was discussed by people witnessing the trial.
6. During every break of the case, Mr. Sain would spend his time flirting with the prosecuting attorney. When the judge would announce break, he would usually head right over to her table, and spent his time discussing his saxophone skills. My family and I were shocked by his lack of attention and professionalism to discuss any issues with me during break, but would rather go over to talk with her. We overheard other small talk conversations he would make with her. There were a couple of times I would have to interrupt him just to ask him to talk with me about the case. He appeared irritated when I did this.
7. At the beginning of the trial, the judge stated that neither prosecuting nor defendant is allowed to meet with witnesses during breaks. Every break, my family and I had witnessed the prosecutors client with all his witnesses together meeting in the hallway. I told my attorney that I thought it should be mentioned to the judge, and he just said "nah".
8. At the end of the trial, the jury broke to the deliberating room to make a decision. They then started back into the court room and started seating, when the judge stopped them, and asked them to come back into the deliberation room. There he spoke to them of the case, and persuaded them to change their verdict to guilty. We know this because a juror spoke with my family afterwards, and said their first intention was to give me an innocent verdict.
9. To reiterate, it was obvious that he did not even prepare for the case prior to trial. At the end of the trial, Mr. Sain immediately stated he does not do appeals, and persuaded us that we could not file an appeal because we would not win anyway, and even if we could, we would lose. Once again, I had little knowledge of how the trial system worked, so I naively believed this. All of the prosecutions witnesses were related (i.E., husband, wife, mother, and wifes ex-husband). They of course shared the same story. When the one witness they had that was not related went on the stand, his story was not consistent with the others. I highly emphasized this to my Mr. Sain during trial, but he shook his head and did not address it all. I personally felt this was detrimental in the case.
Certainly, as a result of his misrepresenting me I lost the case, and it has cost me a great deal. Mostly, the loss of my job as Assistant VP of Marketing Production for Citigroup, and then furthermore, the inability to get a job back in my field of business, which I had worked so hard for. I honestly feel I could have done a better job of representing myself then what he did. I still struggle to find any kind of work; I have to live at my mothers, had to turn in my vehicle for inability to make payments, and am currently on Texas Unemployment. I am writing this because I believe that if this is how he assumes the responsibilities of being an attorney, that he cannot be trusted to properly represent anyone as any respectable attorney is sworn to do. He is obviously a man of irrupt, who does not take his position, or responsibilities to the client serious. Especially after he has a check in hand.
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