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Question on Civil Lawsuit

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sellmerch

Junior Member
What is the name of your state? Massachussetts.

Several months ago my previous employer went to my local Police department and filed a complaint against me for allegedly stealing money from the company. I recieved a call from a police detective asking for me to come to his office for an interview. I immediately called a lawyer to ask for assistance on how to handle this matter. The Lawyer who I found on the internet told me not to go to the police interview and he would handle the case for a $5000 dollar retainer fee. After agreeing to the fee, I figured my case would be handled accordingly. After a few months I recieved a letter from the previous employer briefly outlining the details and demanding repayment of $14000 dollars for which they claim I took. I totally disagree with the amount they have requested. Again I contacted my Lawyer and he said he would handle it. Another couple months pass and I recieve a summons from the local sheriff to respond to the employer within 20 days or be in default and judgement would go against me for the full amount requested by my employer. After several phone calls and a registered letter to my lawyer I hired to contest this case he has responded back to me that I would have to pay another $5000 for him to continue with this case because it is now a civil case and requires further work. I have several issues not only with this case, but now I feel my attourney has not represented me fairly and has taken money for services not rendered. This lawyer has made at very best 3-4 phone calls on my behalf and that is it. Am I right in feeling I have been bent over for $5000 by this lawyer and I have not accomplished a thing in this case other than to have the plaintiff file a civil case against me. Any comments would be very much appreciated. I did check and this lawyer has a good standing with the Bar.
 


shizukana

Junior Member
Did you and the attorney discuss what hourly rate the attorney charges and incidental expenses?

The one time I used an attorney with a retainer, the attorney stated the hourly rate that would be used to charge against the retainer. I was provided with an itemized bill noting amount of time spent on case, and any incidental expenses. When the situation was resolved, I got a small amount of the retainer (about 2%) back from the attorney.

Has this attorney provided you with an itemized statement?
 

BelizeBreeze

Senior Member
No one can tell you one way or the other without a thorough review of the case. I CAN tell you however, that the two circumstances are different. While you can certainly demand a full accounting of the criminal case, the disposition and all charges against the retainer, the attorney is correct when they tell you this is now a civil matter.

That's what normall happens when criminal cases are either dropped or not pursued for one reason or the other. This doesn't mean that your attorney did or did not handle the criminal matter in a professional manner. It simply means that your case has now moved from the criminal to civil arena.

If you have contacted the attorney and asked for a full accounting and have NOT been provided such in a timely manner (within say 14 days) then by all means contact the bar association and ask for help. But from the facts that you presented here there isn't much this forum can tell you beyond that.
 

sellmerch

Junior Member
Thanks for the info, I will be speaking with this Lawyer on Monday and ask for a full accounting of work he did on the case.
 

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