Timothy1212
Junior Member
What is the name of your state (only U.S. law)? New York
State: New York
I was having a dispute with a person. Eventually I decided to seek help from an attorney. We spoke about the situation. I decided to hire him; I signed a retainer and etc. The retainer contained information like how much fees I had to pay, the expenses I was reliable for and etc. In this retainer; it stated that if the attorney is discharge for "cause"; the client (me) wouldn't charge an attorney fee and etc.
It is safe to say that most people hire attorneys for there legal knowledge. Most clients doesn't have the legal knowledge to represent themselves which would be the point in hiring an attorney.
From my stand point an attorney is suppose to explain things to their client such as legal arguments, legal proceedings and laws pertaining to the particular matter the lawyer was hired for. My standing is that you wouldn't expect a client that hired you for this particular purpose to know this stuff. I would expect for them to explain things fully in a reasonable terminology that your average person can comprehend.
The case proceed from my stand point as good. The attorney sent me regular letters to let me know about the status of the case. He would informed me about what he has proved in the case, evidence and admission that the defendant had made. From my stand point and what my attorney was writing in these letter; I figured the case was going good and he was doing his job.
The case proceed for a few years and it was now close time to present the case in front of a judge. My attorney and the defendant's attorney meet at the court house for a conference. During this conference an agreement to end this dispute was discussed.
My attorney draw up the agreement and presented the agreement to me. In the letter along with the agreement; it stated that I had no obligation to sign the agreement and it was my decision whether or not to proceed to trial.
Now I knew after reading the agreement that this would be the end of the dispute and there is no going back once you agreement and sign the documents. So, I sent my attorney a letter asking him some questions about the case (I did everything in writing and so did he for some reason).
He responded in a very unusually manner by stating that he has already answered these questions I present; which I don't recall. Some of them might have been asked in the past but not all the questions I asked at the time.
I wrote back and ask him if everything with the case was alright and if he was telling me everything I needed to know. The wrote back by stating that he is very offended and that I have two options which were to sign the agreement or he will withdraw as my attorney and I have to find a new lawyer.
At this point; I am completely worried. The letter stated I have no obligation to sign the documents but yet he threatens to withdraw if I don't sign it. I am thinking well I will be best to sign the agreement because looking for an attorney after 3 years of being represented and close to trial will be very difficult and I knew for a fact that I couldn't try the case myself. So I signed the documents and mailed them back.
After that; I came to find out that at that stage of the case he couldn't withdraw without the permission from the courts/judge and he would have to file a motion. Which takes me back to what I explained in the beginning. You don't expect your client to know these legal proceedings which would defeat the whole purpose of hiring the attorney in the first place. This should have been explained to me; but instead he concealed key information about the process to make it seem in another way in order for me to make a decision he wanted.
After that a friend advised me to request the case file from the attorney. So one day I went to his office to what was advised by my friend. I really didn't know what I was looking for but I just want to see it. He was very nervous for some reason that i was asking for it.
Upon looking at the case file; I realized that he lied in those regular letters about how the case was coming along. Come to find out that he never proved what he said he did, the defendant never admitted some of the things he said they did and he lied about evidence.
So basically I thought that he was doing his job when in fact he was feeding me lies. Now I am thinking that he wanted me to sign the agreement because if I would have proceeded further in the case; I would have discovered the lies and I would be able to discharge him and he wouldn't have been able to collect his fees as stated in the agreement.
I ended by paying close to $20,000 in legal fees alone plus expenses for the case on top of that to this attorney. I don't see how this is fair for an attorney to get away with such profit.
Is there a way to seek back a part or full refund of the fees paid? I have been looking up disgorgement of fees. I am not sure where to go with this? I personally don't feel this is right. Should I speak to his boss at the law firm where he works at? Would mediation help in this situation? Should a have an legal malpractice lawyer draft up a demand letter for portion of the fees back?
-He lied to which he isn't suppose to do.
-He misrepresented legal proceeding; knowing I was aware of them to take advantage to make me make a decision he wanted.
-The retainer stated that no legal fees if discharge with cause and it seems he forced the agreement to collect his fees so I wouldn't find out about the lies.
-He told me he proved things he didn't, he told me the defendant admitted things they didn't and etc.
Thank you for any information or advice. Sorry for the long post.
State: New York
I was having a dispute with a person. Eventually I decided to seek help from an attorney. We spoke about the situation. I decided to hire him; I signed a retainer and etc. The retainer contained information like how much fees I had to pay, the expenses I was reliable for and etc. In this retainer; it stated that if the attorney is discharge for "cause"; the client (me) wouldn't charge an attorney fee and etc.
It is safe to say that most people hire attorneys for there legal knowledge. Most clients doesn't have the legal knowledge to represent themselves which would be the point in hiring an attorney.
From my stand point an attorney is suppose to explain things to their client such as legal arguments, legal proceedings and laws pertaining to the particular matter the lawyer was hired for. My standing is that you wouldn't expect a client that hired you for this particular purpose to know this stuff. I would expect for them to explain things fully in a reasonable terminology that your average person can comprehend.
The case proceed from my stand point as good. The attorney sent me regular letters to let me know about the status of the case. He would informed me about what he has proved in the case, evidence and admission that the defendant had made. From my stand point and what my attorney was writing in these letter; I figured the case was going good and he was doing his job.
The case proceed for a few years and it was now close time to present the case in front of a judge. My attorney and the defendant's attorney meet at the court house for a conference. During this conference an agreement to end this dispute was discussed.
My attorney draw up the agreement and presented the agreement to me. In the letter along with the agreement; it stated that I had no obligation to sign the agreement and it was my decision whether or not to proceed to trial.
Now I knew after reading the agreement that this would be the end of the dispute and there is no going back once you agreement and sign the documents. So, I sent my attorney a letter asking him some questions about the case (I did everything in writing and so did he for some reason).
He responded in a very unusually manner by stating that he has already answered these questions I present; which I don't recall. Some of them might have been asked in the past but not all the questions I asked at the time.
I wrote back and ask him if everything with the case was alright and if he was telling me everything I needed to know. The wrote back by stating that he is very offended and that I have two options which were to sign the agreement or he will withdraw as my attorney and I have to find a new lawyer.
At this point; I am completely worried. The letter stated I have no obligation to sign the documents but yet he threatens to withdraw if I don't sign it. I am thinking well I will be best to sign the agreement because looking for an attorney after 3 years of being represented and close to trial will be very difficult and I knew for a fact that I couldn't try the case myself. So I signed the documents and mailed them back.
After that; I came to find out that at that stage of the case he couldn't withdraw without the permission from the courts/judge and he would have to file a motion. Which takes me back to what I explained in the beginning. You don't expect your client to know these legal proceedings which would defeat the whole purpose of hiring the attorney in the first place. This should have been explained to me; but instead he concealed key information about the process to make it seem in another way in order for me to make a decision he wanted.
After that a friend advised me to request the case file from the attorney. So one day I went to his office to what was advised by my friend. I really didn't know what I was looking for but I just want to see it. He was very nervous for some reason that i was asking for it.
Upon looking at the case file; I realized that he lied in those regular letters about how the case was coming along. Come to find out that he never proved what he said he did, the defendant never admitted some of the things he said they did and he lied about evidence.
So basically I thought that he was doing his job when in fact he was feeding me lies. Now I am thinking that he wanted me to sign the agreement because if I would have proceeded further in the case; I would have discovered the lies and I would be able to discharge him and he wouldn't have been able to collect his fees as stated in the agreement.
I ended by paying close to $20,000 in legal fees alone plus expenses for the case on top of that to this attorney. I don't see how this is fair for an attorney to get away with such profit.
Is there a way to seek back a part or full refund of the fees paid? I have been looking up disgorgement of fees. I am not sure where to go with this? I personally don't feel this is right. Should I speak to his boss at the law firm where he works at? Would mediation help in this situation? Should a have an legal malpractice lawyer draft up a demand letter for portion of the fees back?
-He lied to which he isn't suppose to do.
-He misrepresented legal proceeding; knowing I was aware of them to take advantage to make me make a decision he wanted.
-The retainer stated that no legal fees if discharge with cause and it seems he forced the agreement to collect his fees so I wouldn't find out about the lies.
-He told me he proved things he didn't, he told me the defendant admitted things they didn't and etc.
Thank you for any information or advice. Sorry for the long post.
