Question on time to file

[rensmif]

What is the name of your state (only U.S. law)? GA

I previously had an issue with a lawyer that is in this very forum, I received valuable advice and It helped my problem.

Well here I go again, I hired another attorney in Feb, it was decided to file a writ of mandamus against a county to attempt to get them to enforce their ordinances. It is now June and he has not filed it yet. I did speak with him three weeks ago and he promised to send a preliminary copy for my review by the "end of the week". Last week he was according to his secretary "not available" and has not returned phone calls after messages were left for him.

I feel I have been WAY more than patient with him, I know people get busy, but four months seems a bit long to address my issues. I would like to believe he is going to do something to assist me, but feel in my heart that he is not.

I am hoping for some input on how to proceed here, I would prefer not to start another battle with another attorney so if I am not being patient enough please tell me here, I just feel after four months he has no plans to do anything but keep my funds. thanks in advance for any helpful input.

 

[gator1]

You may mail him a certified letter stating your issues with the attorney delays and unresponsiveness. And that if he is unwilling or unable to move forward with your case in a timely manner, his services are no longer required, and you will find someone else to represent you.

And lastly state that if there are any questions on the legal fees he incurred to date that cannot be resolved between you, you will take any fee dispute to the GA Bar fee arbitration committee.

 

[rensmif]

Sent him a certified letter this very day, will post how it goes, hopefully well, don't need another battle with a lawyer, I went to him to help me resolve another longstanding issue, and he really seems like a nice decent guy.

I suppose though with $2,500 in your pocket for no work it is easy to be nice

 

[latigo]

What is the name of your state (only U.S. law)? GA

I previously had an issue with a lawyer that is in this very forum, I received valuable advice and It helped my problem.

Well here I go again, I hired another attorney in Feb, it was decided to file a writ of mandamus against a county to attempt to get them to enforce their ordinances. It is now June and he has not filed it yet. I did speak with him three weeks ago and he promised to send a preliminary copy for my review by the "end of the week". Last week he was according to his secretary "not available" and has not returned phone calls after messages were left for him.

I feel I have been WAY more than patient with him, I know people get busy, but four months seems a bit long to address my issues. I would like to believe he is going to do something to assist me, but feel in my heart that he is not.

I am hoping for some input on how to proceed here, I would prefer not to start another battle with another attorney so if I am not being patient enough please tell me here, I just feel after four months he has no plans to do anything but keep my funds. thanks in advance for any helpful input.

Your shiftless Georgia lawyer is giving you the double shuffle. He either doesn't know how to draft a complaint seeking a writ of mandamus or is too friggin' lazy to do so, or both. Moreover if he ever gets around to it, the county may have amended the ordinance.

SO forget about beseeching him with a useless letter. (He'll just charge you $200- $300 bucks to reply to it.)

In stead get you buns down to his office and demand the return of the retainer in full while handing him a copy of the following:

RULE 1.3 DILIGENCE Georgia Rules of Professional Conduct

"A lawyer shall act with reasonable diligence and promptness in representing a client. Reasonable diligence as used in this Rule means that a lawyer shall not without just cause to the detriment of the client in effect willfully abandon or willfully disregard a legal matter entrusted to the lawyer. The maximum penalty for a violation of this Rule is disbarment."

 

[rensmif]

Your shiftless Georgia lawyer is giving you the double shuffle. He either doesn't know how to draft a complaint seeking a writ of mandamus or is too friggin' lazy to do so, or both. Moreover if he ever gets around to it, the county may have amended the ordinance.

SO forget about beseeching him with a useless letter. (He'll just charge you $200- $300 bucks to reply to it.)

In stead get you buns down to his office and demand the return of the retainer in full while handing him a copy of the following:

RULE 1.3 DILIGENCE Georgia Rules of Professional Conduct

"A lawyer shall act with reasonable diligence and promptness in representing a client. Reasonable diligence as used in this Rule means that a lawyer shall not without just cause to the detriment of the client in effect willfully abandon or willfully disregard a legal matter entrusted to the lawyer. The maximum penalty for a violation of this Rule is disbarment."

I do believe you are correct, he received the certified letter on Wed. the 11th, he then called on Thursday and left message that he was sending the preliminary copy for my review and comments. Mail from his office to my home is usually overnight, today is Saturday and still nothing from him. Thanks for the information, I will contact him on Monday the 16th and post an update as soon as I hear from him. I really do appreciate the advice you guys offer on this site.

 

[rensmif]

Update ????

OK - after dismissing him for his non work by letter, I did get him to finally answer a phone call. He said he understood how I had lost faith in him, he apologized for the delays and wished I would give him another chance to represent me. I told him that I had indeed lost faith and that trust would be hard to build back up and that it would be in my best interest to seek another lawyer. He said he understood and that he would refund my retainer in full ------but he was waiting on some insurance check to come in before he would have the funds . I am not too familiar with all the rules of billing, but I thought attorneys were not to utilize funds until after they had actually earned them. It has been almost two weeks and no refund as of yet.

BTW - I have asked for and received the paperwork from the GA Bar to file a complaint, and request fee arbitration, I was just really hoping I would not have to go that route. Advice or opinions would be once again appreciated.

 

[quincy]

OK - after dismissing him for his non work by letter, I did get him to finally answer a phone call. He said he understood how I had lost faith in him, he apologized for the delays and wished I would give him another chance to represent me. I told him that I had indeed lost faith and that trust would be hard to build back up and that it would be in my best interest to seek another lawyer. He said he understood and that he would refund my retainer in full ------but he was waiting on some insurance check to come in before he would have the funds . I am not too familiar with all the rules of billing, but I thought attorneys were not to utilize funds until after they had actually earned them. It has been almost two weeks and no refund as of yet.

BTW - I have asked for and received the paperwork from the GA Bar to file a complaint, and request fee arbitration, I was just really hoping I would not have to go that route. Advice or opinions would be once again appreciated.

If your contacts with the attorney by letter, phone and in person have not led to any satisfaction, despite the attorney's many promises to address your concerns, you should probably go ahead and file the Bar complaint.

I am sorry you are not having much luck with the attorneys you have hired to do work for you.

 

[gator1]

...He said he understood and that he would refund my retainer in full ------but he was waiting on some insurance check to come in before he would have the funds . I am not too familiar with all the rules of billing, but I thought attorneys were not to utilize funds until after they had actually earned them...

Initial retainers don't go into an escrow account, are generally non-refundable, and considered earned on deposit. It's good your attorney agreed to refund your entire retainer without balking as many would.

Contrary to what many believe, many attorneys struggle with cash flow just as any other small business. Two weeks is a bit premature to start squealing for your money. Four to six weeks is more reasonable.

 

[quincy]

Initial retainers don't go into an escrow account, are generally non-refundable, and considered earned on deposit. It's good your attorney agreed to refund your entire retainer without balking as many would.

Contrary to what many believe, many attorneys struggle with cash flow just as any other small business. Two weeks is a bit premature to start squealing for your money. Four to six weeks is more reasonable.

Actually, gator1, what you wrote is not quite correct.

Do you, by chance, live in Michigan or Pennsylvania?

Those are two of only a handful of states that do not require upon termination of employment the refund of any advance payment of a fee or expense (a retainer) that has not been earned or incurred. The "earned on deposit" fees are considered unethical in most states and with very few exceptions (e.g., to "reserve" an attorney) - and even in those few states that allow earned on deposit retainers, these must be clearly stated as such in the attorney contract.

Here is a link to the ABA Model Rules of Professional Conduct, Declining or Terminating Representation, Rule 1.16 (d): http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_16_declining_or_terminating_representation.html

Here is a link to Georgia's Bar Rules, Declining or Terminating Representation, Rule 1.16 (d): http://www.gabar.org/barrules/handbookdetail.cfm?What=rule&id=48

 

[rensmif]

Actually, gator1, what you wrote is not quite correct.

Do you, by chance, live in Michigan or Pennsylvania?

Those are two of only a handful of states that do not require upon termination of employment the refund of any advance payment of a fee or expense (a retainer) that has not been earned or incurred. The "earned on deposit" fees are considered unethical with very few exceptions (e.g., to "reserve" an attorney) and in very few states - and even in those few states that allow earned on deposit retainers, these must be clearly stated as such in the attorney contract.

Here is a link to the ABA Model Rules of Professional Conduct, Declining or Terminating Representation, Rule 1.16 (d): http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_16_declining_or_terminating_representation.html

Here is a link to Georgia's Bar Rules, Declining or Terminating Representation, Rule 1.16 (d): http://www.gabar.org/barrules/handbookdetail.cfm?What=rule&id=48

Quincy, your level headed and accurate insight is always appreciated, I have read many answers to posts that you have responded in and you always give well researched and helpful answers in a way that does not attempt to attack or dress down members seeking help. It is too bad not everyone here follows that pattern. Thank you again.

 

[quincy]

Quincy, your level headed and accurate insight is always appreciated, I have read many answers to posts that you have responded in and you always give well researched and helpful answers in a way that does not attempt to attack or dress down members seeking help. It is too bad not everyone here follows that pattern. Thank you again.

Thank you for the nice words, rensmif! They are really appreciated.



(as a note, I have had my, um, less-than-helpful moments on this forum, but I am happy to hear you have missed seeing them )