Lawyer No Show

[infonow]

I live in Wisconsin.

I was cited for a first offense OWI a year ago. At the time, I hired a lawyer. The lawyer charged a retainer of $1000. The first thing he does, is send in my plea of not guilty. Then he says, he will file to move the case from municipal to circuit court. In Wisconsin, you must move to a circuit court to receive a six person jury trial. I wrote out a check for the clerks of courts, and handed it over to him.

However, his office doesn't file the paper work, and the case is set for trial in municipal court. The day before the trial, the municipal court changes the court date, bumping it out six months, from mid November to mid March. During this time, I had a couple of questions, and tried to get in touch with the attorney, who never returned any of my calls. Then, the day of the trial, my attorney doesn't show up. Instead, the prosecutor tries to strike a deal. I told him, I wanted to try and call my lawyer's office, but before I could a court officer comes out, and announces that my lawyer phoned in a request to move the case to the circuit court, and I can go home. This was while I was in front of the judge, during a recess.

I immediately go to speak with my lawyer at his office. He tells me to write out a another check, like I did six months ago, and this time the case was going to circuit court. A month later, I hear nothing from the county. Instead, yesterday I get a letter from the municipal court, saying the judge has found me guilty, on the grounds of being a no show. However, I wasn't a no show, my lawyer was. The court even checked me in on their paperwork, upon arrival. It turns out, once again, my lawyer didn't send in the paper work to transfer the case to a circuit court, in the proper time frame, forcing the judge in the municipal court to find me guilty.

My question is, what should I do? I feel this attorney didn't hold up his end of the bargain, as stated on the retainer. He didn't show for court, and didn't file the paper work he needed to do, to tranfer my case. Can I ask for my money back, or a portion of the retainer I paid. How should I handle this??

Originally Posted by infonow

I live in Wisconsin.

I was cited for a first offense OWI a year ago. At the time, I hired a lawyer. The lawyer charged a retainer of $1000. The first thing he does, is send in my plea of not guilty. Then he says, he will file to move the case from municipal to circuit court. In Wisconsin, you must move to a circuit court to receive a six person jury trial. I wrote out a check for the clerks of courts, and handed it over to him.

However, his office doesn't file the paper work, and the case is set for trial in municipal court. The day before the trial, the municipal court changes the court date, bumping it out six months, from mid November to mid March. During this time, I had a couple of questions, and tried to get in touch with the attorney, who never returned any of my calls. Then, the day of the trial, my attorney doesn't show up. Instead, the prosecutor tries to strike a deal. I told him, I wanted to try and call my lawyer's office, but before I could a court officer comes out, and announces that my lawyer phoned in a request to move the case to the circuit court, and I can go home. This was while I was in front of the judge, during a recess.

I immediately go to speak with my lawyer at his office. He tells me to write out a another check, like I did six months ago, and this time the case was going to circuit court. A month later, I hear nothing from the county. Instead, yesterday I get a letter from the municipal court, saying the judge has found me guilty, on the grounds of being a no show. However, I wasn't a no show, my lawyer was. The court even checked me in on their paperwork, upon arrival. It turns out, once again, my lawyer didn't send in the paper work to transfer the case to a circuit court, in the proper time frame, forcing the judge in the municipal court to find me guilty.

My question is, what should I do? I feel this attorney didn't hold up his end of the bargain, as stated on the retainer. He didn't show for court, and didn't file the paper work he needed to do, to tranfer my case. Can I ask for my money back, or a portion of the retainer I paid. How should I handle this??

I'll bet these folks would be very interested in your story:

WISCONSIN
Wisconsin Board of Attorneys
Professional Responsibility
Suite 410, Tenney Bldg.
110 East Main St.
Madison, WI 53703
608-267-7274

[infonow]

Here's an update. Just today, I went to my lawyer's office. It was closed up. This was around 11am, not even a secretary around. I then tried calling and the found out the phone has been disconnected.

I'm going to try again Monday. This is very strange. I will contact the State Board of Attorneys, as suggested in a previous...if the attorney cannot be reached on Monday.

The odd thing is, this attorney has been practicing in my city over 20 years. However, I found out that he does have previous complaints against him, for this same type of thing, dating back to 1997.

If anything else, can I file a small claims case, to get my money (or part of my retainer back) if all else fails?

Originally Posted by infonow

Here's an update. Just today, I went to my lawyer's office. It was closed up. This was around 11am, not even a secretary around. I then tried calling and the found out the phone has been disconnected.

I'm going to try again Monday. This is very strange. I will contact the State Board of Attorneys, as suggested in a previous...if the attorney cannot be reached on Monday.

The odd thing is, this attorney has been practicing in my city over 20 years. However, I found out that he does have previous complaints against him, for this same type of thing, dating back to 1997.

If anything else, can I file a small claims case, to get my money (or part of my retainer back) if all else fails?

Q: If anything else, can I file a small claims case, to get my money (or part of my retainer back) if all else fails?

A: Try it...sounds like, however, the lawyer will be broke and gone missing.