M
Maxmillion
Guest
State Florida
A friend of mine has a bit more than a pay dispute with his attorney.
He sent him a lump sum payment of $10,000. two years ago in 1998.
It was agreed that it was a one time "flat fee" for the lawyer to represent him should the case go to trial.
The lawyer cashed the check, never sent a retainer agreement and wasn't heard from again until
two years later, 2000, when he called to say the guy had been indicted in a white collar crime..
When he traveled to turn himself in the attorney told him that he needed an additional $40,000.to represent him.
Only while he was sitting in the court room with the judge with the FBI agent standing over him. did the attorney give him a retainer agreement and memoralized it for that date not 2 years prior with the added $40,000.
The guy was in shock.
He told him that he would go to jail if he didn't agree to those terms, because he needed a "permanent attorney of record" and if he didn't choose him he'd stay in jail.
Now, the trial is only 7 weeks away and the attorney will do no discovery, pretrial, or even see him, called to cancel the trip on which they were to meet.
Attorney told him he'd show up for trial but only as a warm body until he got paid the additional sum.
The guy has no defense and basically no attorney to represent him, though he certainly does have the cancelled check saying "flat fee" in the memo section that proves what he's saying is true.
The attorney screams at him over the phone, pounds the table, says get the additional $40,000. any way he can..
The guy doesn't have it and feels that perhaps he is a victim of extortion by the person he paid to defend him, not to mention denial of his civil rights and denial of due process of law.
Question is:
What can the guy do to get a defense from his permanent attorney of record?
Contact the court, a board, the judge, the Bar? Is there any arbertration etc.
that can force the attorney to provide a defense for his client as their original agreement was for $10,000 and there is proof that it was paid in full?
Thank you.
A friend of mine has a bit more than a pay dispute with his attorney.
He sent him a lump sum payment of $10,000. two years ago in 1998.
It was agreed that it was a one time "flat fee" for the lawyer to represent him should the case go to trial.
The lawyer cashed the check, never sent a retainer agreement and wasn't heard from again until
two years later, 2000, when he called to say the guy had been indicted in a white collar crime..
When he traveled to turn himself in the attorney told him that he needed an additional $40,000.to represent him.
Only while he was sitting in the court room with the judge with the FBI agent standing over him. did the attorney give him a retainer agreement and memoralized it for that date not 2 years prior with the added $40,000.
The guy was in shock.
He told him that he would go to jail if he didn't agree to those terms, because he needed a "permanent attorney of record" and if he didn't choose him he'd stay in jail.
Now, the trial is only 7 weeks away and the attorney will do no discovery, pretrial, or even see him, called to cancel the trip on which they were to meet.
Attorney told him he'd show up for trial but only as a warm body until he got paid the additional sum.
The guy has no defense and basically no attorney to represent him, though he certainly does have the cancelled check saying "flat fee" in the memo section that proves what he's saying is true.
The attorney screams at him over the phone, pounds the table, says get the additional $40,000. any way he can..
The guy doesn't have it and feels that perhaps he is a victim of extortion by the person he paid to defend him, not to mention denial of his civil rights and denial of due process of law.
Question is:
What can the guy do to get a defense from his permanent attorney of record?
Contact the court, a board, the judge, the Bar? Is there any arbertration etc.
that can force the attorney to provide a defense for his client as their original agreement was for $10,000 and there is proof that it was paid in full?
Thank you.