non lawyer messing w/clients's file

[mrrobert]

IS it legal for the widow to try handle the deceased lawyer's files ?

such as calculating bills & farming out the cases etc?

I feel very uncomfortable this non lawyer is looking through my files & trying to determine what money she gets to keep

 

[Ohiogal]

IS it legal for the widow to try handle the deceased lawyer's files ?

such as calculating bills & farming out the cases etc?

I feel very uncomfortable this non lawyer is looking through my files & trying to determine what money she gets to keep

It is as legal as an employee of the lawyer to do so.

 

[goddessoflubboc]

In most firms the actual attorney spends the least time with your file.

You are billed hours actually spent generally by paralegals. The attorneys usually just handle the actual "practice of law" matters.

 

[mrrobert]

huh?

"widow"/ NOT employee

as in "wife of deceased attorney" trying to wrap up the practice.

an employee is only allowed IF supervised by an attorney,

besides there were NO employees & the attorney is DEAD

hence the term "widow"

 

[las365]

If you would keep all of your questions about this situation in your original thread, you would get answers that you could be more certain took the context into consideration.

 

[mrrobert]

Omg read

It is as legal as an employee of the lawyer to do so.

where did you go to that leap?..I don't see anything about employee

 

[Banned_Princess]

"widow"/ NOT employee

as in "wife of deceased attorney" trying to wrap up the practice.

an employee is only allowed IF supervised by an attorney,

besides there were NO employees & the attorney is DEAD

hence the term "widow"

First of all , we don't care for your stupid attitude, I see it was mentioned you have another thread here, You need to keep all your questions on the matter there.


SECOND of all, we do US LAW ONLY and you have not indicated you are even in a US State.

Third of all, it might not be ethical, but its definitely not prosecutable, and not civilly actionable, the only thing you can do is submit a complaint with the state BAR , and have the dead lawyer dis bared. I'm sure that will help.

Shes not trying to represent you, she's closing the husbands business. It is very legal. get over it, its not even like a serious problem.

 

[mrrobert]

pu

no one said anything about a foreign ****ry

It is Like your Like your Like um llike like uhh like Like Like
P U princess

why would the widow keep money that was unearned? gee it is only thousands

 

[shanghi]

I get it

after reading several posts, He is trying to get a refund because he paid up front & nothing was done on the case & the widow is keeping the money..

therefore it is not a complaint against the attorney...just that he has spent money & can't move on because the widow won't give a refund.

that is not legal , it is stealing,

if you bought a new car & it was wrecked on the way from the factory to the dealer...then the car dealer gives you a wrecked car & says well it was a nice car & lots of work went into the design & lots of overtime putting on the designer paint & trim..

so just to suck it up ...the answer would be clear..you cannot charge for goods or service not provided

 

[ecmst12]

If the widow inherited the business then they are her files now.

 

[goddessoflubboc]

IF the full story is that OP pre-paid atty for svcs, atty was sole practitioner who died and whose wife (who never worked for him) is trying to close out his files is *refusing* to return OP's unused money THEN OP can go to the bar who might be able to help. Likely he'll have to sue.

Meanwhile, these open cases must be referred to other practicing attorneys, as statutes are possibly running, deadlines being missed.....

 

[shanghi]

Bar prohibits

first, it is illegal for a non lawyer/non employee to have any dealings with her deceased husband's clients.

those are confidential records!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

second: she must hire a "special administrator attorney" to wind down the practice

notify the clients of the death & farm out cases & refund unearned fees.

the widow is NOT qualified & is not allowed to go through the files & try to determine value of the cases only an attorney can legally do that JOB.

that would be a clear conflict of intrest..because she would be trying to get $$$ for herself & there is a legal duty to the client to make sure they are not left in the lurch.

If a client pays for a service & there is no tangible work then a full refund is due...you don't get to go back & retro-activly charge a different rate per hour for time on a case that produced no result...because that in itself has no value

 

[Banned_Princess]

So what is your question about?


So sue them. you appear qualified.

 

[shanghi]

you can go to the Olive Garden

the op ? was about the legality of a non-empl/non lawyer dealing with a client's case regarding keeping the $$$$

It appears they simply want a refund as no work done b'cuz the lawyer died.

clearly the Widow should return the advance payment because no product resulted.

suppose you want to go to your fav. rest. for dinner for a special occasion
you eat PB&J for months....then you hire the baby sitter & dress up.
you order your food...then 20 minutes later the waiter says

"Sorry your food was burned & our Chef went home early. However, you can go down the street to the Olive Garden. We will only charge you 80% of your bill since you did not get to eat...we had to pay for that food & much work had been done in preparation" not only have they ruined your evening, your baby sitter will cost more due to the extended time & your money is gone...you got nothing but a grumbling stomach.

the point a service was paid for & not received & in part has no value...b'cuz no value in paying for food you don't get to eat..

 

[tranquility]

Which is the correct statement of law.

clearly the Widow should return the advance payment because no product resulted.

Or,

notify the clients of the death & farm out cases & refund unearned fees.

the widow is NOT qualified & is not allowed to go through the files & try to determine value of the cases only an attorney can legally do that JOB.

I like and agree the post regarding the steps the widow must take, I disagree that there were no fees earned as no product resulted. I think that is subject to review and bet there will be a disagreement between the OP and the widow--which will be settled according to many factors in a court or in arbitration or mediation.