What is this guy up to? Help!

[taylorbass1]

Texas
June 30 2009
Please the attached letter of requesting that you cease work on this case and refund my money!

July 6, 2009
I returned from trial this afternoon and received your e-mailed letter. I will follow your wishes and will run an accounting of fees and refund the unused portions of fees. My next billing period for updated fees closes out on 7-9-09 and I can provide you with such after that time, Thank you

Oct 6 2009
As you can see it has been four months since your email (below) stating that you would refund the unused portion my money. I have contacted the the State Bar Of Texas, Office of the Chief Disciplinary Counsel and received the forms necessary to file a formal complaint. I have also had one meeting with a local attorney concerning this matter and he is prepared to take legal action if we so desire. Because of your unwillingness to repay me I have not been able to retain another attorney to handle my child support case. Now I am afraid it is too late to take action because by the time it gets to trial there will only be a few months left that the father will have to pay child support. I feel there are lost damages as a result of your actions to not refund my money. What I am offering you is this. Refund ($1,700.00) by Friday October 16 2009 and I will consider the issue closed. Other wise I we will be forced to choose one or both of the methods above and will be asking for damages along with the $1,700.00.

I am not going to go into detail in this letter about all the reasons that I dismissed you. I feel that I was very justified in your dismissal and under the circumstances I am owed a full refund.

Oct 8 2009
Thank you for your email. Am I correct in understanding that you have not filed, but do intend to file a grievance, however if I pay $1,700 on 10-16-09 then you will not be filing a grievance with the State Bar of Texas? Thank you

Oct 8 2009
That is correct. What are your intentions?

what does his reply mean?

[Ohiogal]

Where did you get the $1700 figure from? How much work has he completed on your case? How do you know there was ANY unused portion of the $1700. Your reply could be used to show that you are attempting to extort/blackmail payment from him. Because if he pays, you will not file the grievance. If he doesn't pay, you will file a grievance. Hence he could be looking at filing charges against you. And he has evidence to do so -- your emails.

[taylorbass1]

He said he would send the unused portion in his email. He prepared and filed the motion, that is where it ended. The other party was never served and there have been no court appearances. I saw it as a Demand Letter for payment, much in the way a lender would send a letter demanding payment by a set date or face forclosure.
Blackmail : a. Extortion of money or something else of value from a person by the threat of exposing a criminal act or discreditable information.

[Zigner]

If the amount owed of $1,700.00 was acknowledged by the attorney in July, then I don't see that as a blackmail/extortion attempt at all.

[Tallrat]

Originally Posted by Ohiogal

Where did you get the $1700 figure from? How much work has he completed on your case? How do you know there was ANY unused portion of the $1700. Your reply could be used to show that you are attempting to extort/blackmail payment from him. Because if he pays, you will not file the grievance. If he doesn't pay, you will file a grievance. Hence he could be looking at filing charges against you. And he has evidence to do so -- your emails.

[Ohiogal]

Originally Posted by Zigner

If the amount owed of $1,700.00 was acknowledged by the attorney in July, then I don't see that as a blackmail/extortion attempt at all.

If it was acknowledged. But in her emails I dont' see where he acknowledged owing anything. He stated:

July 6, 2009
I returned from trial this afternoon and received your e-mailed letter. I will follow your wishes and will run an accounting of fees and refund the unused portions of fees. My next billing period for updated fees closes out on 7-9-09 and I can provide you with such after that time, Thank you

No amount was mentioned. And he said he would refund the UNUSED portions of fees. Maybe there was not any. Did you see where counsel acknowledged an amount?

[Ohiogal]

Originally Posted by Tallrat

Roll your eyes all you want. That is a possibility. No where did this attorney acknowledge an amount. Though she stated for x amount she would NOT file a grievance.

[Ohiogal]

Originally Posted by taylorbass1

He said he would send the unused portion in his email. He prepared and filed the motion, that is where it ended. The other party was never served and there have been no court appearances. I saw it as a Demand Letter for payment, much in the way a lender would send a letter demanding payment by a set date or face forclosure.
Blackmail : a. Extortion of money or something else of value from a person by the threat of exposing a criminal act or discreditable information.

Great. How do you know that the unused portion is $1700. Where did YOU get that figure from? You are threatening to file an ethics violation against him (thus attempting to discrediting him) unless he pays. What proof do you have the he owes you $1700. It was not a demand letter. If he was unethical he is unethical and him paying you would not change that. You would file a grievance EVEN IF he did return the funds. That is not what your "demand" stated. Your "demand" stated that he pays you OR you file a grievance (attempt to discredit) but IF he pays you then you won't file. THAT is the issue and problem. You gave him a defense. You don't have an ethics problem. You have a blackmail attempt (which he now has proof of due to your emails) and if you do file an ethics grievance, you have an issue of it appearing to be unseemly. What PROOF do you have that he owes you $1700?

[las365]

I feel that I was very justified in your dismissal and under the circumstances I am owed a full refund.

OP is demanding a full refund, and she is using the threat of a grievance to attempt to extort it.

The State Bar of Texas has a fee dispute resolution program and if she had told the Bar that she had a fee dispute, that is where she would have been directed.

Whether she has a legitimate complaint about the attorney's actions in her case or not, she certainly undermines her credibility with this threat.

[Tallrat]

Originally Posted by Ohiogal

Roll your eyes all you want. That is a possibility. No where did this attorney acknowledge an amount. Though she stated for x amount she would NOT file a grievance.

No different than telling a contractor your going to report to BBB unless he fixes a bad job or finishes job. Just because he's a lawyer and play's word games doesn't mean it's "Blackmail" She is guilty of being naive maybe and wording her email incorrectly and upset. Instead of helping you want to make the OP the bad guy. If lawyer owes OP money and if her estimate is wrong then lawyer needs to send her the itemized bill, send her a check for unused amount and if OP is not satisfied with that take the lawyer to small claims court.

[Ohiogal]

Originally Posted by Tallrat

No different than telling a contractor your going to report to BBB unless he fixes a bad job or finishes job. Just because he's a lawyer and play's word games doesn't mean it's "Blackmail" She is guilty of being naive maybe and wording her email incorrectly and upset. Instead of helping you want to make the OP the bad guy. If lawyer owes OP money and if her estimate is wrong then lawyer needs to send her the itemized bill, send her a check for unused amount and if OP is not satisfied with that take the lawyer to small claims court.

She didn't ask what she could do. She asked what he was thinking. I took a guess based on it from that point of view. And quite frankly it can be construed as blackmail or extortion due to her wording -- I am sure you believe the 48 Hours producer just wrongly worded his request to Letterman as well.

[Dandy Don]

You really don't have much to worry about. HE is the one worrying about whether he is going to have to face the state bar to defend himself about your complaint. You will be very lucky if you receive the entire $1,700, since he will probably bill you/deduct for the work he has already done, and you need to scrutinize any invoice he sends you to see if the work is shown in billable hours, with an exact specific description of the legal services he has performed on what day and what time, and not just a blanket percentage fee.

If he sends you the refund, be careful to review/scrutinize any document he may ask you to sign as a disclaimer/release. Have someone interpret it before you decide whether to agree to sign it.

[Tallrat]

Originally Posted by Ohiogal

She didn't ask what she could do. She asked what he was thinking. I took a guess based on it from that point of view. And quite frankly it can be construed as blackmail or extortion due to her wording -- I am sure you believe the 48 Hours producer just wrongly worded his request to Letterman as well.

Hmmm, One wants her money back and the other wanted 2 million to keep mouth shut. Yeah that's confusing

[Dandy Don]

She's just an impoverished lady who is tired of being jerked around by someone who promised to issue her a refund and then didn't keep his word.