What is the name of your state (only U.S. law)? CA
What is the name of your state (only U.S. law)?
I hired an attorney to represent me in an unlawful detainer.
Among other things, he:
- Blocked my wish to change the judge
- Never alerted me that a decision (after a three month wait) in my case was made when he knew I was out of town (and ready to return at a moment's notice) - therefore I only found out I lost the case when I returned to find an eviction notice on my door for the following morning. When I asked him why he never called me he said he tried to call me once and my phone was out of service - which is a flat face lie that I can prove was a lie. And only one attempt? Plus, I never received any standard notification in the mail.
- He never provided receipts, a contract (case was over $1K), no fee agreement, no accounting of his hours worked.
- He now has threatened to take action against me for "unpaid" fees which is the first time I ever heard this and which is impossible because there never was a contract, fee agreement, and it's also telling that he still refuses to send me receipts. He said I must travel 80 miles (a year and 2 months later) to pick up the receipt - he will not send them in the mail. Only when I said I was considering action against him did he suddenly claim I owed him money - never received a bill or, again, any accounting of fees paid and hours worked - so it seems impossible that his fictious claim can be supported.
- He refused to return my case file for three months, or a copy of the judge's decision. Instead after a final insistence, he required me to meet him at night in a parking lot to return it to me
- He would ONLY accept cash for his payments - not even a cashier's check that I had made out. Instead I had to return it, cash it out and then he picked up the cash - again in a parking lot at night.
- He boggled a case I should have one - and would have with a different attorney.
- He continues to reply to my emails in my attempt to settle with him, yet he claims I have no case and he won't waste any more time replying to me - but he keeps doing it.
Also in the case, the judge, who he and the opposing lawyer, have known for 15 years, did not recuse himself even though he went to college with the plaintiff. And my attorney knew that and didn't take action - in fact blocked my action to change the judge.
And it goes on. Is this not malpractice? Can he really sue me for a claim (14 months later with no track record of sending me bills or an accounting of his hours and again, never supplied receipts, contract or a fee agreement that I signed - I didn't realize until much later this was required by him).
I told him I will file a complaint with the bar? Will the bar take these issues seriously? Is the bar truly independent?
Apparently he is OK with me going to the bar. I cannot imagine how he cannot be disciplined for the facts above (facts he says are not true) and his many failures. I absolutely lost my ability to appeal due to him not notifying me of the ruling or returning the case file. Plus, he told me at the time that I needed $20K to appeal which I later found out is simply not true. Isn't he responsible for me losing the case, not being able to appeal (since I lost two critical weeks and was removed from the property a day after I returned from being away for Christmas and knew that I would return immediately if I had to)?
Thanks
Wildcats
What is the name of your state (only U.S. law)?
I hired an attorney to represent me in an unlawful detainer.
Among other things, he:
- Blocked my wish to change the judge
- Never alerted me that a decision (after a three month wait) in my case was made when he knew I was out of town (and ready to return at a moment's notice) - therefore I only found out I lost the case when I returned to find an eviction notice on my door for the following morning. When I asked him why he never called me he said he tried to call me once and my phone was out of service - which is a flat face lie that I can prove was a lie. And only one attempt? Plus, I never received any standard notification in the mail.
- He never provided receipts, a contract (case was over $1K), no fee agreement, no accounting of his hours worked.
- He now has threatened to take action against me for "unpaid" fees which is the first time I ever heard this and which is impossible because there never was a contract, fee agreement, and it's also telling that he still refuses to send me receipts. He said I must travel 80 miles (a year and 2 months later) to pick up the receipt - he will not send them in the mail. Only when I said I was considering action against him did he suddenly claim I owed him money - never received a bill or, again, any accounting of fees paid and hours worked - so it seems impossible that his fictious claim can be supported.
- He refused to return my case file for three months, or a copy of the judge's decision. Instead after a final insistence, he required me to meet him at night in a parking lot to return it to me
- He would ONLY accept cash for his payments - not even a cashier's check that I had made out. Instead I had to return it, cash it out and then he picked up the cash - again in a parking lot at night.
- He boggled a case I should have one - and would have with a different attorney.
- He continues to reply to my emails in my attempt to settle with him, yet he claims I have no case and he won't waste any more time replying to me - but he keeps doing it.
Also in the case, the judge, who he and the opposing lawyer, have known for 15 years, did not recuse himself even though he went to college with the plaintiff. And my attorney knew that and didn't take action - in fact blocked my action to change the judge.
And it goes on. Is this not malpractice? Can he really sue me for a claim (14 months later with no track record of sending me bills or an accounting of his hours and again, never supplied receipts, contract or a fee agreement that I signed - I didn't realize until much later this was required by him).
I told him I will file a complaint with the bar? Will the bar take these issues seriously? Is the bar truly independent?
Apparently he is OK with me going to the bar. I cannot imagine how he cannot be disciplined for the facts above (facts he says are not true) and his many failures. I absolutely lost my ability to appeal due to him not notifying me of the ruling or returning the case file. Plus, he told me at the time that I needed $20K to appeal which I later found out is simply not true. Isn't he responsible for me losing the case, not being able to appeal (since I lost two critical weeks and was removed from the property a day after I returned from being away for Christmas and knew that I would return immediately if I had to)?
Thanks
Wildcats
