lawyer fees nightmare- my lawyer indirectly threatened me !

[m316]

my case is the following:
I had a written agreement with a lawyers firm en San Diego-CA . It was removal proceeding seeking motion to terminate (en asylum case). the amount was 5000, we agreed because he told me you will pay only if there is paperwork to do and it's a long process it may take up to 4 years. We paid in a advance 1500. on the hearing date the judge granted me a administrative closure ( I think my lawyer boss was surprised he did not expected that the administrative closue would be granted). my lawyer boss is indirectly threatens me, he keeps pushing me to apply for FOIA, and job authorization despite the fact that I do not need them and we did not agreed on that, I am over 60 sick (heart disease,diabetes) I am not going to work also the case is frozen. he keeps pushing to get more money.

I want to terminate with him but he threaten me on the phone that I need to pay him full price!!!!!!
this is the termination agreement :
client may terminate the attorney- client relationship at any time and for any reason. however such a termination does not absolve clients of responsibility to pay for service or costs and disbursements incurred prior to......the name of the firm.... receiving notice of termination or incurred subsequent to notice but, in our view, reasonably necessary to protect client intrests.

the agreement was about seeking motion to the terminate of the case but the case is still pending, the details of the agreement ( retainer) are vague.
How would I protect my self from him. he may say that I owe him more money. what should I do ? please help.

 

[quincy]

my case is the following:
I had a written agreement with a lawyers firm en San Diego-CA . It was removal proceeding seeking motion to terminate (en asylum case). the amount was 5000, we agreed because he told me you will pay only if there is paperwork to do and it's a long process it may take up to 4 years. We paid in a advance 1500. on the hearing date the judge granted me a administrative closure ( I think my lawyer boss was surprised he did not expected that the administrative closue would be granted). my lawyer boss is indirectly threatens me, he keeps pushing me to apply for FOIA, and job authorization despite the fact that I do not need them and we did not agreed on that, I am over 60 sick (heart disease,diabetes) I am not going to work also the case is frozen. he keeps pushing to get more money.

I want to terminate with him but he threaten me on the phone that I need to pay him full price!!!!!!
this is the termination agreement :
client may terminate the attorney- client relationship at any time and for any reason. however such a termination does not absolve clients of responsibility to pay for service or costs and disbursements incurred prior to......the name of the firm.... receiving notice of termination or incurred subsequent to notice but, in our view, reasonably necessary to protect client intrests.

the agreement was about seeking motion to the terminate of the case but the case is still pending, the details of the agreement ( retainer) are vague.
How would I protect my self from him. he may say that I owe him more money. what should I do ? please help.

You can fire your attorney and you can request that the attorney submit to you a final detailed billing. You can pay what is owed or you can dispute what is said to be owed.

You say "he may say that I owe him more money." On the other hand, he may not say that at all.

Good luck.


Here is some information for you to read on terminating an attorney's services from the California Bar, Formal Ethics Opinion No. 1994-134: http://ethics.calbar.ca.gov/LinkClick.aspx?fileticket=1zWyNtvVULE=&tabid=839

 

[Zigner]

Demanding payment is not "threatening" by any stretch.

 

[quincy]

A review of the attorney-client contract in its entirety is needed to see if there was a commitment to pay $5000. The contract could be a "flat rate fee" agreement, which means that you must pay the full amount. These agreements can be good for a client if the case takes longer than expected and involves more attorney-work than expected - but these agreements are not so good if a case is able to be resolved easily and quickly. They can be a gamble, both for the client and the attorney.

 

[m316]

A review of the attorney-client contract in its entirety is needed to see if there was a commitment to pay $5000. The contract could be a "flat rate fee" agreement, which means that you must pay the full amount. These agreements can be good for a client if the case takes longer than expected and involves more attorney-work than expected - but these agreements are not so good if a case is able to be resolved easily and quickly. They can be a gamble, both for the client and the attorney.

it is a flat fee but the agreement was about termination of the case, he did not do that, the only thing I obtained was adiministrative closure, which means the case is still pending. he know that, for this reason he keeps pushing me to apply for job authorization and other things in order to take more money.

 

[m316]

Demanding payment is not "threatening" by any stretch.

yes you are right, but in my case it is, the way he said it, his tone, in addition he told me that he is going to comunicate with the court to re-calendar my case if I refused. I had to send a letter to the court to let them know. It's really a nightmare.

my real problem is not with my lawyer of the record, it is with his boss.

also our agreement was about termination of the case, my lawyer obtained administrative closure. his boss did not expect that so he was furios, and wanted more money.

 

[Zigner]

it is a flat fee but the agreement was about termination of the case, he did not do that, the only thing I obtained was adiministrative closure, which means the case is still pending. he know that, for this reason he keeps pushing me to apply for job authorization and other things in order to take more money.

In other words, you think you can get out of paying this by not doing what is required of you to attain termination. At a certain point, you will likely end up being sued for the balance based on bad faith.

 

[Zigner]

yes you are right, but in my case it is, the way he said it, his tone, in addition he told me that he is going to comunicate with the court to re-calendar my case if I refused. I had to send a letter to the court to let them know. It's really a nightmare.

Yes, this shows that I'm right. You're intentionally refusing to cooperate in order to attain the result you wanted.

 

[quincy]

it is a flat fee but the agreement was about termination of the case, he did not do that, the only thing I obtained was adiministrative closure, which means the case is still pending. he know that, for this reason he keeps pushing me to apply for job authorization and other things in order to take more money.

If you signed a flat fee agreement for $5000, you are contractually obligated to pay the attorney $5000.

If case is still pending, file for substitution of attorney.

 

[m316]

If you signed a flat fee agreement for $5000, you are contractually obligated to pay the attorney $5000.

If case is still pending, file for substitution of attorney.

but he did not fulfill with the agreement! our agreement was about seeking motion to terminate the case, but I obtained administrative closure, in the legal term the case is still pending but frozen in time. so why would I have t pay him a full price ?!

 

[justalayman]

but he did not fulfill with the agreement! our agreement was about seeking motion to terminate the case, but I obtained administrative closure, in the legal term the case is still pending but frozen in time. so why would I have t pay him a full price ?!

did he file a motion to terminate the case? If so, regardless of the outcome it fulfills what you have described as his obligation.


If he has not filed a motion to terminate the case, then push him to do so.

a motion is simply, for lack of a better explanation, a filing with the court seeking some action or respond to an inquiry.

so, did he file something seeking to have your deportation stopped?

 

[m316]

did he file a motion to terminate the case? If so, regardless of the outcome it fulfills what you have described as his obligation.


If he has not filed a motion to terminate the case, then push him to do so.

a motion is simply, for lack of a better explanation, a filing with the court seeking some action or respond to an inquiry.

so, did he file something seeking to have your deportation stopped?

there was no deportation, it was a master hearing in asylum case, I did not want to proceed in the asylum so I asked him to terminate the case. his employee ( my lawyer) took the case and applied for administrative closure because I do not have a legitimate reasons to terminate the case. so the case is closed but not terminated as we agreed.
the agreement (retainer) was only for termination of the case. it does not include anything else. we laready paid him 1500 for his services

Thank you

 

[quincy]

but he did not fulfill with the agreement! our agreement was about seeking motion to terminate the case, but I obtained administrative closure, in the legal term the case is still pending but frozen in time. so why would I have t pay him a full price ?!

The contract you signed with the attorney needs to be reviewed in its entirety but, if the attorney did what he agreed to do (file a motion to terminate the case or whatever) and the attorney did this, you owe him the flat fee agreed to, regardless of the outcome of the case.

If the case had continued on for four years, the attorney would probably have had to invest far more than $5000 into the case. If it resolves itself early, the attorney benefits and you would have probably been better off with an hourly rate. But that is what a flat fee agreement is and why it can be a gamble.

On the other hand, if the attorney did nothing of what he agreed to do to earn the $5000, then you can dispute the fee.

 

[justalayman]

The contract you signed with the attorney needs to be reviewed in its entirety but, if the attorney did what he agreed to do (file a motion to terminate the case or whatever) and the attorney did this, you owe him the flat fee agreed to, regardless of the outcome of the case.

If the case had continued on for four years, the attorney would probably have had to invest far more than $5000 into the case. If it resolves itself early, the attorney benefits and you would have probably been better off with an hourly rate. But that is what a flat fee agreement is and why it can be a gamble.

On the other hand, if the attorney did nothing of what he agreed to do to earn the $5000, then you can dispute the fee.

I think I have it now.


attorney wants his money as he believes he has fulfilled the contract as fully as the OP has allowed. OP appears to be satisfied with the status quo of the case and believes by ceasing any further action he avoids paying the attorney the remainder.

the threat is this:

yes you are right, but in my case it is, the way he said it, his tone, in addition he told me that he is going to comunicate with the court to re-calendar my case if I refused. I had to send a letter to the court to let them know. It's really a nightmare.

attorney has threatened to re-calender the case so attorney can:

so the case is closed but not terminated as we agreed.

formerly terminate the case but that means OP is back to square one and must start the process over from square one.


So the way I see it, OP has the option of paying the attorney or allowing the attorney to reinvigorate the case and terminate the application for asylum.

 

[m316]

The contract you signed with the attorney needs to be reviewed in its entirety but, if the attorney did what he agreed to do (file a motion to terminate the case or whatever) and the attorney did this, you owe him the flat fee agreed to, regardless of the outcome of the case.

If the case had continued on for four years, the attorney would probably have had to invest far more than $5000 into the case. If it resolves itself early, the attorney benefits and you would have probably been better off with an hourly rate. But that is what a flat fee agreement is and why it can be a gamble.

On the other hand, if the attorney did nothing of what he agreed to do to earn the $5000, then you can dispute the fee.

He did not fulfill with the agreement, he did not file a motion to terminate the case as we agreed, instead he gave the case to his employee who filed a motion to administratively close the case and it was granted. we already paid 1500. it did not take 5 minutes in the court, the application my lawyer did ( 3 pages ) won't take 1 hour of work top, I collected all the evidence on my own and sent it to her through Email. If I knew that her boss would do that I would did it myself.
1500 for administrative closure, and he wants the rest of the 5000 ( 3500) !!!!! I think he is nuts !