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Billed for services never received..please help..

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MrDoty

Junior Member
What is the name of your state? Indiana, however my wife filed in Illinois.

I was married for 2 years and I had a very abusive wife, so I wanted to talk to an attorney about any options I may have. A friend of mine gave me his attorney’s phone number and said he was a good lawyer and offered free consultations. I called the attorney on Aug 26th 2006 and talked to him and he said to come in and we could talk more. I told him that I didn’t want to file for a divorce or anything at this time, I was just looking for some advice. On Aug 28th, I went to the attorney and sat with him for about an hour. He told me what I could keep and what she is entitled to if we did divorce. Afterwards, I asked him if he wanted me to give him a few dollars or something for his time and he said “No”. At that point, I thanked him then I left.

On September 3rd, I was served divorce papers from my wife, so I called the attorney and left him a message. He didn’t return my first call, so I called a second time and left another message. When he finally returned my phone call, he asked for my ex-wife’s attorney and said he would handle things. I called him many times for updates and never got to talk to him, only his voicemail. I live in Indiana; however my wife filed in Illinois. She took my daughter and moved 2 hours away. This attorney said he was Illinois certified and would go with me to the court house. Since he wasn’t calling me back, I started calling my wife directly. A week later, he (the attorney) told me which possessions my wife wanted, however I already had a copy of because she sent it to me. On Oct 27th, I received a letter addressed from ‘my’ attorney to my ex-wife’s attorney stating that ‘I am proceeding without his assistance and that my ex and I had agreed on most matters.’ He also said he would accompany me to the court house on Nov 27th if I needed him, however I later learned that I was not required to be present on that date.

In the first week of December, about 2 weeks before our court date, things went sour between my wife and me, so I called the attorney twice, requesting him to contact me and he never returned my phone calls. I ended up having to find a second attorney, whom I paid a retainer. My new attorney, who had less than 2 weeks to prepare, looked up my case file and noticed that my reply to the divorce papers was never filed, which the other attorney said he was handling. I was told that I had 30 days to respond after being served papers and over 3 months had past. My second ‘actual’ attorney handled my case and really saved me! He met me at the court house and we finalized the divorce.

Then, on April 12th 2007, the first attorney sends me a bill for “Professional Legal Services Rendered.” After never hearing back from him, he sends me this bill out of the blue. I am a fair man, however not only did he rarely call me back, he never did anything in regards to the divorce, nor filed my required reply, which falls in the timeline he is stating I owe him for; Aug 28th – October 16th. He led me to believe he was going to Illinois, however since he never returned my calls when it was time to go, I doubt he ever had any intentions of traveling 2 hours. He billed me for my consultation, which was 6 days before I was even served papers. He billed me a total of $673.75, which includes the 5 voicemails I left him. He never charged me for the voice mails I left him in December however. My question is basically what, if anything, do I owe him? We never signed anything, never collected a retainer, and never actually did anything for my case. I am a fair person, however when someone is blatantly misleading, I don’t see how he can bill me for services I never received. Please help me. Thank you for reading!
 


moburkes

Senior Member
You wrote all of that to ask if you owe for a bill? What, specifically, does the bill say? Have you CALLED him to ask him about the bill?
 

MrDoty

Junior Member
You wrote all of that to ask if you owe for a bill? What, specifically, does the bill say? Have you CALLED him to ask him about the bill?
Thank you for a response! I have not called him about it because I don't know what exactly to say to him. The bill is titled "Professional Legal Services Rendered" The descriptions are as follows:

Aug28th: Office conference with client re dissolution of marriage (6 days before she filed)
Sep 5th: Voice mail from client (the day I was served)
Sept 6th: Voice mail from client. telephone conference w client: receipt and review of
dissolution pleading; review Illinois statues re jurisdiction
Sept 7th: phone conference with client
Sept 14th: voice message from client
Sept 15th: Telephone call to wife's attorny, phone conference with client
Sept 20th: voice message from client
Sept 21st: Correspondence from wifes attorney
Oct 6th: Correspondence from wifes attorney
Oct 16th: Telephone conference with client; correspondence from wifes attorney.

On October 27th is when he sent me a copy of the letter saying that I am proceeding without his assistance and that my wife and I have worked things out ourselves. I tried talking to my exwife to see if i can see the bill from her attorney to verify the amount of times he claims to have talked to her attorney, but as expected, she said no, which I completely understand. This bill certainly sounds like he did alot, but never actually did anything as far as my case is concerned. He put me and my actual attorney in a very difficult situation because we only had less than 2 weeks to get him upto speed.

I could certainly understand if this attorney had actually filed my response to the divorce papers, but he didn't do anything. I posted the long message to give as much background information as I could. I have never gone through anything like this, so I really don't know what I should do. I realize this is a free forum, but I was hoping maybe someone could give me some advice, or has gone through a similar situation. Thank you again for reading my post.
 

moburkes

Senior Member
I'm not sure if he should charge you for the free consultation or the voicemails, but the others look legit.
 

MrDoty

Junior Member
Ok, those charges come out to be $367.50. I read another post where someone wrote a letter to their attorney offereing to pay a specific amount, similar to this. That person later posted the attorney accepted the reduced amount. His letter stated certain rules about keeping their client up to date and so forth, which the attorney had neglected. In my letter, should I make reference to the fact that he never filed my reply like he said he did?

I will write him a letter offering to pay that amount because I just want this over with, but I don't want to be taken advantage of either. Thank you for your advice, but what would be my option if he doesn't accept a partial payment? Thank you again for all your help! I have read many of your posts and you have helped many people through difficult times.
 

Golfball

Member
Charging fees for receiving voice mails from clients isn't unusual, from what I've heard (and experienced), since the attorney has to listen to your message, transcribe it, and copy it into their files, assuming it's not just something really simple such as "How much do I owe you?" or "I'm dropping by at X time", or "I dropped by at Y time and left Z on your desk." or "This is a duplicate of my e-mail earlier today, but this is *really* urgent, so call me, please?"
 

MrDoty

Junior Member
All the messages were simply request's for him to call me. I understand paying him for the times we spoke together with dialog between us. Becoming a lawyer is an expensive and timely process, so their time is valuable to them, however my time is valuable to me as well. I checked my phone records and none of the phone calls were over a min long. If the lawyer would have done what he said he did, then I would absolutely pay him, however he never even filed my response, which he said he took care of.
 

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