Previous attorney coming after me for money

[chldrnrspcl]

What is the name of your state? Oregon
I hired a divorce attorney in 1993 for a contested divorce. I paid him $2500.00 up front that money was gone in 3 months. I began paying him $300.00 per month. My son became ill and had to have an emergency Tracheotomy in 4/94 therefore he required 24/7 care. The child support was very sporadic. I went onto public assistance which the attorney knew about at that time. He has said he was unable to locate me, but he had my mother's address as she has lived in the same location with the same phone number since 1988. I had to hire a different attorney in 1995 for the visitation issues that were not settled by this attorney as he wanted another $2500.00 up front. I could not afford him. I have not heard from this attorney for years. I got a billing statement from him on 11/10/04 and I contacted him. I spoke with him on 11/11/04 he told me I needed to get a credit card or borrow the money from my parents. That is not an option they don't give people on welfare credit cards. I found out from our state bar that this attorney is no longer eligible to practice law in our state and that the statue of limitations is six years. Does anyone have any suggestions? Please????

[stephenk]

write back tellling him not to bother you anymore or you will report him to the bar.

[stevek3]

Originally Posted by stephenk

write back tellling him not to bother you anymore or you will report him to the bar.

Why do I get the feeling your advice would be completely different if it was YOUR older bill that was left unpaid? Ever consider the possibility he might be retired and needs whatever money he can now find? We don't know the reason, and I'm sure she's not going to ask. He can't sue, but he can still ask to be paid. Your response was absolutely ridiculous. Doctors take the Hippocratic Oath, some lawyers take the Hypocritic Oath. I presume you're not a doctor.

[BelizeBreeze]

Originally Posted by stevek3

Why do I get the feeling your advice would be completely different if it was YOUR older bill that was left unpaid? Ever consider the possibility he might be retired and needs whatever money he can now find? We don't know the reason, and I'm sure she's not going to ask. He can't sue, but he can still ask to be paid. Your response was absolutely ridiculous. Doctors take the Hippocratic Oath, some lawyers take the Hypocritic Oath. I presume you're not a doctor.

And your response is completely wrong.

Now, instead of attacking posters would you like to advise this person on her LEGAL remedy? If you know it. Otherwise, keep going the way you are and you'll be looking at this forum from the outside.

Just some 'friendly' advice. And it's free.

[stevek3]

Originally Posted by BelizeBreeze

And your response is completely wrong.

Now, instead of attacking posters would you like to advise this person on her LEGAL remedy? If you know it. Otherwise, keep going the way you are and you'll be looking at this forum from the outside.

Just some 'friendly' advice. And it's free.

First, why is my response "completely wrong?"

Second, what "legal remedy?" She has a very moral obligation, but no legal obligation.

Third, it would be refreshing if there was some consistency in your approach. Frankly, I couldn't care less what he says or how he says it, but that one guy who begins nearly every response to every post with an outrageous response similar to Dan Ackroyd's "Jane, you ignorant slut" has personally insulted countless individuals on these boards for a long, long time. Do you have any "free" advice for him?

[stephenk]

First, my OLDER bill would never be OLDER to begin with. As an attorney, we are presumed to have knowledge a lay person does not have, such as statute of limitations for making claims or filing lawsuits. there is nothing in the post as to why the attorney waited so long to demand the money. Old overdue accounts are not a form of retirement savings.

If the attorney let his billing fall behind by over 10 years without doing anything, it is not the moral obligation of the poster to now come up with money and pay him. Believe me, if the poster had recently sent a letter to that attorney demanding he complete the work he did not do correctly 10 years ago, she would get a letter saying to leave him alone as it is too late.

[stevek3]

Originally Posted by stephenk

First, my OLDER bill would never be OLDER to begin with. As an attorney, we are presumed to have knowledge a lay person does not have, such as statute of limitations for making claims or filing lawsuits. there is nothing in the post as to why the attorney waited so long to demand the money. Old overdue accounts are not a form of retirement savings.

If the attorney let his billing fall behind by over 10 years without doing anything, it is not the moral obligation of the poster to now come up with money and pay him. Believe me, if the poster had recently sent a letter to that attorney demanding he complete the work he did not do correctly 10 years ago, she would get a letter saying to leave him alone as it is too late.

But that's NOT what you answered. Never mind the fact the lawyer is no longer even practicing law. Perhaps he became ill, he decided to retire, or he just got sick of all the bull and became a Dallas Cowboys cheerleader. So he got out of the profession. Report him to the bar? Heck, he's no longer even a member of the bar.

Furthermore, it's pretty obvious the guy never threatened suit, he simply asked to be paid the money he was still rightfully due. Perhaps he is now in a very difficult financial situation and needs money just to live, and he's now going through all of his old bad debts to see what he can still get paid. What's wrong with that? Sorry, I don't see it.

As is usual in domestic cases, the client demands absurd results the lawyer can't ever deliver. So the client simply leaves the bill unpaid, blaming the lawyer for something that was never the lawyer's fault in the first place. No doubt that monthly invoices continued to go out for a few years, and then he just gave up. Dollars to donuts the client, who then was very young, had most of her previous legal bills paid by her parents. So he now simply asked if her parents could pay the outstanding bill. So?

[stephenk]

it was rightfully due to him for six years. after six years it is not rightfully due to him. there is a reason statute of limitations exist - finality of claims. An attorney has an ethical duty to refrain from making claims or demands that he knows he is not legally entitled to make.

you keep coming up with ridiculous reasons why the attorney failed to act within the proper time limits. should the poster also be responsible for 10 years of interest owed on the unpaid balance? If no, why not? She owes him the money doesn't she? If interest is owed, the smart thing to do would be to just wait another 10 years and then demand even more money. This would be better than a savings account.

The bottom line is that the attorney should have acted when he felt he was owed more money. he already received $2500 plus $300/month for some period of time AND he still didn't do everything he was hired to do.

[stevek3]

Originally Posted by stephenk

it was rightfully due to him for six years. after six years it is not rightfully due to him. there is a reason statute of limitations exist - finality of claims. An attorney has an ethical duty to refrain from making claims or demands that he knows he is not legally entitled to make.

you keep coming up with ridiculous reasons why the attorney failed to act within the proper time limits. should the poster also be responsible for 10 years of interest owed on the unpaid balance? If no, why not? She owes him the money doesn't she? If interest is owed, the smart thing to do would be to just wait another 10 years and then demand even more money. This would be better than a savings account.

The bottom line is that the attorney should have acted when he felt he was owed more money. he already received $2500 plus $300/month for some period of time AND he still didn't do everything he was hired to do.

Be he IS legally entitled to ask for his money. He's just not legally entitled to SUE for his money. Plus, let's be serious. We both know he's not asking for years of accrued interest.

Furthermore, she says it was 10 years. Uhh...right. When was the last time any client, who didn't even pay her own legal bills in the first place (her parents took care of that), furnished an accurate timeline of events that even remotely resembled the Chinese calendar, let alone any calendar used anywhere in the Western Hemisphere?

He "didn't do everything he was hired to do?" Precisely what would that be? No doubt he was hired to make magic. Domestic court is bursting at the seams with ridiculous people who ridiculously demand their lawyers to be nothing less than the equivalent of Harry Houdini and David Copperfield.

[chldrnrspcl]

I have filed a complaint with our state bar and also a complaint thru the BBB. I am currently going to see an attorney whose name was given to me by the bar to see what my options are regarding this matter. What kind of questions should I ask this attorney about this?