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What recourse do i have?

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What is the name of your state? Ny

I have been having an extremely difficult time with my attorney's lately. so much so that i let one go about 4 months ago and hired a new one. The reason for leaving the old one was that i could not get him to communicate with me, for whatever reason he was entirely too busy to actually handle my case. and then when i talked to him about my concerns he told me that "if i didnt like it i should seek other representation", so i did.

I found a lawyer with ample experience and was told by him that i would be a priority to him. that was 5 months ago, and nothing, and i literally mean NOTHING has happened since then. i have met with him a few times in his office, and every single time is exactly the same. he reads the same notes that he wrote when i first interviewed him and then he asks me the same questions and then says we will talk about it the next time we meet.

The reason behind this rant is that i received a bill today for the NOTHING that he has done to my case and the bill was for $1800 he charged me for 3.5 hours of time to "review entire file" and he literally knows nothing about my file. we just met on thursday and he was asking me for all types of information that is already in my file. i know it is, i just saw it there with my own eyes. he charged me for an hour to review a case file that i did not ask him to review since i hired him.

So being that i am under retainer with him, and he already has my money, how do i go about fixing the errors of his ways. Before you give the quick answer of "you have to talk to him" i already know that. and i am quite certain that he will merely say, well i spent the time on the file so too bad, and then he will charge me for the call as well. so at that point what recourse do i have against the overages?
 


Bali Hai

Senior Member
What is the name of your state? Ny

I have been having an extremely difficult time with my attorney's lately. so much so that i let one go about 4 months ago and hired a new one. The reason for leaving the old one was that i could not get him to communicate with me, for whatever reason he was entirely too busy to actually handle my case. and then when i talked to him about my concerns he told me that "if i didnt like it i should seek other representation", so i did.

I found a lawyer with ample experience and was told by him that i would be a priority to him. that was 5 months ago, and nothing, and i literally mean NOTHING has happened since then. i have met with him a few times in his office, and every single time is exactly the same. he reads the same notes that he wrote when i first interviewed him and then he asks me the same questions and then says we will talk about it the next time we meet.

The reason behind this rant is that i received a bill today for the NOTHING that he has done to my case and the bill was for $1800 he charged me for 3.5 hours of time to "review entire file" and he literally knows nothing about my file. we just met on thursday and he was asking me for all types of information that is already in my file. i know it is, i just saw it there with my own eyes. he charged me for an hour to review a case file that i did not ask him to review since i hired him.

So being that i am under retainer with him, and he already has my money, how do i go about fixing the errors of his ways. Before you give the quick answer of "you have to talk to him" i already know that. and i am quite certain that he will merely say, well i spent the time on the file so too bad, and then he will charge me for the call as well. so at that point what recourse do i have against the overages?
Fire him immediately and report him to the bar in your county. Get another attorney who will work without a retainer.
 
Fire him immediately and report him to the bar in your county. Get another attorney who will work without a retainer.
My thoughts were to fire him on tuesday (because that is the first available day i have to do it) and i was going to go to the bar and go through arbitration to attempt to get some of my money back.

On the simpler side of it, to top it all off, he billed me for $50 per hour more than is in our retainer agreement. Lets see if he trys to fight about that too.
 

Ohiogal

Queen Bee
If they get hungry enough they will!

I had one who did, and fired him too!

You ever wonder why doctors don't ask for a retainer?
Because they ask for insurance. And they are guaranteed at least some payment through insurance.
 
i dont have a problem giving someone a retainer, it is when they make up charges to use up the retainer that i have a problem with, this lawyer hasnt a clue whats going on, and thinks that he "earned" that much of my retainer is rediculous.

i was just curious if there was some way to attempt to get it back. i dont have a problem paying for services rendered, however they actually need to be rendered...
 

tuffbrk

Senior Member
Depends on your contract - I fired my original attorney - and he billed me an add'l $2,800 on top of an original $7,500 retainer because the judge insisted he show up at court to remove himself from my case. So I had to pay him for 2 hours as well as the newly retained attn'y for 2 hours and the &*% judge didn't even come out of her chambers. I told him where to go and he sued me - meanwhile I didn't have a signed contract - needless to say I lost. Review your contract to see if it says anythign about terminating their services - when I retained my new attn'y, I made certain that there was verbiage in it that would allow me to terminate his services and obtain a reimbursement of any balance of the retainer. Good luck...
 

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