Getting my money back

[mzaslavsky]

What is the name of your state (only U.S. law)? MA

1.5 year ago I hired an attorney to sue the condominium and paid him his flat fee upfront. Initally he was very active, hired the inspector to look at my condo unit, but then almost disappeared. Almost 1 year ago. He almost never picked up the phone and/or returned my phone calls despite of tons of voicemails and e-mails from my side. When I managed to reach him, he promised to do something (say, send me a draft of demand letter) by weekend, but never did that. As a result, he even didn't draft a demand letter. I was about to file a complaint to the Bar and got in touch with my attorney before doing that. It looks like that he was seriously afraid to face problems with Bar and immediately agreed to return my money back. However, he said that he doesn't have full amount and will return it by portions of ~14% of total amount once or, if he will be able to, twice a month. I told hime it's fine. But then he sent me the first 14% payment with Agreement letter where he basically said he will send me 14% check just once a month. That's a 7-8 month waiting, a bit too long... Moreover, he wrote in the Agreement Letter that he tried to look at my problem but he and I concluded that further representation is impractible. No words what was done during one year, how he missed his promised, how he never returned my calls, voicemails, e-mails, etc. Should I close my eyes to that? My primary goal is it get my money back ASAP. Is there anything I can do to speed it up? Is attorney allowed to spend my money before finilizing his job? And then to say that he doesn't have money to return in one shot? PS: as I found at the Bar website, attorney doesn't have insurance.

 

[justalayman]

How do you sue a condominium? Sure seems like attending court would be difficult for a condominium.

he said that he doesn't have full amount and will return it by portions of ~14% of total amount once or, if he will be able to, twice a month. I told hime it's fine. But then he sent me the first 14% payment with Agreement letter where he basically said he will send me 14% check just once a month. That's a 7-8 month waiting, a bit too long..

how can it be too long yet you agreed to it?

I suggest just letting this play out. You have something in writing now concerning the return. If he falters, you have the letter committing to a refund and a time period in which it will be paid.

 

[mzaslavsky]

How do you sue a condominium? Sure seems like attending court would be difficult for a condominium.

how can it be too long yet you agreed to it?

I suggest just letting this play out. You have something in writing now concerning the return. If he falters, you have the letter committing to a refund and a time period in which it will be paid.

OK, initially I planned to sue condominium association and it is trustees who was supposed to attend the court. Nevermind...

When I have decided to agree to it, I assumed that "once or, if he will be able to, twice a month" means sort of three times per two months. That's what normal person assume, right? Again nevermind, my fault...

What I currently have is Agreement Letter prepared and SIGNED by attorney. He asked me sign it and send one copy to him. I still didn't sign it and made several attempts to persuade attorney to pay at least three times per two months. It looks like that he didn't like the idea. He started playing his old game and saying "I'll review you proposal and get back to you", "I have an incredible schedule", etc. For two weeks already Any potential complaints from my side to the Bar doesn't change his behaviour (I tried to scare him with that). It looks like that you're right. It is easier to let attorney pay just once a month. I'll probably get my money back earlier this way than by argueing with him. Fine. Do you think I can still just sign his Agreement Letter and send it to him back? No matter if I tried (without success) to persuade him to modify it, old letter (as far as it is signed by both of us) must still work, right?

Sorry for one more layman question... All what I want it is to get my money back. As far as it is written in the Agreement Letter, that payments of 14% must be sent by the 15th of every month, I shouldn't care about phrases of Agreement Letter, like the following ones, right? 1) "Release all claims of every name and nature which are known or unknown as of the date of this Agreement against all parties to the signed Agreement dated 28th December, 2010 and hold them harmless" 2) "When the terms of this agreement are full executed by us you further agree that this matter shall be deemed terminated with prejudice and this signed Letter of Agreement with be evidence of a bar to any further action between us based on the facts and occurances heretofore between us without further action."

It also says "In witness, the Parties to this Agreement have set their hands and seals as of the date and place appearing below" "Middlesex, ss June, 13, 2012." Attorney signed precisely on June ,13. Am I supposed to put the same date, June, 13 or I can put today's date?

 

[justalayman]

the first statement was a joke. I understood what you meant.

When I have decided to agree to it, I assumed that "once or, if he will be able to, twice a month" means sort of three times per two months. That's what normal person assume, right? Again nevermind, my fault...

ah, but a contract requires a meeting of the minds. Are you going to argue there actually was no agreement? I would suggest not doing that as it could throw off what you already have in hand.

and honestly, to me, I interpreted that as: payments once a month but twice a month if I can swing it. So, you have a commitment on the once a month and nothing solid on anything more than that.

. Fine. Do you think I can still just sign his Agreement Letter and send it to him back?

You can try but your subsequent negotiations since he sent the letter do act as a refusal and termination of the initial offer. If he is willing to continue the offer, it is up to him.

All what I want it is to get my money back. As far as it is written in the Agreement Letter, that payments of 14% must be sent by the 15th of every month, I shouldn't care about phrases of Agreement Letter, like the following ones, right? 1) "Release all claims of every name and nature which are known or unknown as of the date of this Agreement against all parties to the signed Agreement dated 28th December, 2010 and hold them harmless" 2) "When the terms of this agreement are full executed by us you further agree that this matter shall be deemed terminated with prejudice and this signed Letter of Agreement with be evidence of a bar to any further action between us based on the facts and occurances heretofore between us without further action."

as long as the release goes both ways, what that is simply means, once you get paid per the agreement, neither party has any remaining claims agaisnt the other. If it is unilateral, I would suggest attempting to amend it to include a bilateral release.

"In witness, the Parties to this Agreement have set their hands and seals as of the date and place appearing below" "Middlesex, ss June, 13, 2012." Attorney signed precisely on June ,13. Am I supposed to put the same date, June, 13 or I can put today's date?

whenever you sign anything, you use the current date.

 

[mzaslavsky]

what that is simply means, once you get paid per the agreement, neither party has any remaining claims agaisnt the other

Thanks a lot for your answers. Does that mean that I won't be able to provide any negative feedback or, say, to post negative reviews of attorney's business on the internet? It is not necessarily harmless, right? Or "harmless" just mean that I won't be able to sue him?

 

[justalayman]

ever hear the saying: don't tease the gorilla?

Don't tease the gorilla. While behind the fence, he may get pissed and threaten but if he figures out a way to escape, he will rip you apart. They are smart so if there is a way to get to you, he will. If you walk away and leave him alone, he'll forget about you, especially if somebody else decides to piss off the gorilla.


So, don't tease the gorilla. Move on with life. Hanging onto a grudge does you no good anyway.

btw: if you want to punish the gorilla, there is already a zookeeper you can complain to. It's called the state bar. If you believe there is an ethics problem, that is who you want to talk to.

 

[mzaslavsky]

there is already a zookeeper you can complain to. It's called the state bar. If you believe there is an ethics problem, that is who you want to talk to.

Thanks! That's actually what I thought I won't be allowed to. Am I wrong? Such kind of complaint is not harmless at all, right? BTW, a mention of the complaint to the State Bar is precisely what made the attorney to agree to return my money back. Do you think I can still file a complaint after signing Agreement with attorney (perhaps anonimously)? Or it should be done before that? Or, even with State Bar, you still recommend not to tease the Gorilla? Attorney's behaviour kind of makes me nervous. He basically got the loan for 2 years without doing anything and paying no APR to me. I'd be glad if I can punish the Gorilla, but, more important, I want my money back, and, second, I still want to be on the other side of the fence

 

[justalayman]

Letter of Agreement with be evidence of a bar to any further action between us based on the facts and occurances heretofore between us without further action."

Seriously, don't piss off the gorilla. If you sign the agreement, the zookeeper will simply watch as the gorilla rips you into little pieces. If you want to try to sneak a complaint and then make a complaint, realize that the agreement states there will be no further action. That would put a halt to your complaint plus it will piss off the gorilla and he may just tear the agreement up.