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what are my rights against this attorney?

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SAYITISSO

Junior Member
What is the name of your state (only U.S. law)? CA
I found attorney to represent me for 45 minute unemployment hearing. From the onset he began to fail regarding his earliest duty to me. He never had consultation meeting with me even though I had paid $500 for it. At that meeting I would have discussed his feelings about my case and I would have been able to retain him. He told me I had to pay $500 for consultation and $3500 retainer AT THE SAME TIME AND BEFORE CONSULTATION WAS EVEN HELD and before he would commit to representing me because, he said, we're running short on time. I, against better judgement,and because I trusted him, agreed and promptly delivered money to his office. He was to then contact me to set appointment time for consultation. He never did. He said he did not have time. He never signed attorney client agreement even though I did and hand delivered to his office at which time he was to immediately sign and date and return to me by close of business day. I gave $3,200 to him to retain him (plus $500 for consultation that never occurred)and was told this money would be held in a trust. However it does state in the agreement that he never signed (and I think this is policy often followed in attorney/client agreements)that when my trust was 2/3 used, I would be notified that I would need to replenish trust or no further legal action would take place. I was not too concerned about this since I only asked him to represent me, if necessary, at a 45 minute employment insurance meeting. In addition he never met with me to discuss case, etc. even though I contacted him over 12 times in an attempt to get together with him. He said he was really busy. If he did not feel he had enough time to properly prepare for my case then why did he accept it? The evening before my hearing he did call me anxiously wanting me to discuss my case with him at that late date. He instructed me to be 20 minutes early for my hearing that next morning so that we could at last meet and discuss my case. He did not show up early. In fact he ran through the door, late, just as I was exiting with the judge. Days before my hearing, he sent me some sort of hobby paperwork/homework as an attachment to an email. It had to do with some leisure time activities he was enjoying after work. He obviously thought he was sending something to do with my case. On another occasion he sent me copies of a bulletin outlining a legal seminar that had been held a few months prior to my case outlining the costs of the seminar, who the speakers were, what the schedule for the seminar would be, etc. It was totally irrelevant to me and to my case and I became increasingly worried about his abilities and his mental state. At the hearing, the judge would not allow him to say anything. He did have a 'brief' brief that he was allowed to submit. I had never seen it as he missed the one meeting he had agreed on which was supposed to have happened before my hearing. After the short unemployment hearing he let me know that he felt I had a 'good shot' but went on to say that I should consider appealing if I lost. I told him his services were no longer needed. He sent me another bill for almost $4,000 more. I have not paid him. I told him all of the facts I have stated here in a certified letter to him which he has yet to acknowledge. He sends me bills with mounting interest fees about once every three - four months. I feel he has no right whatsoever to be harassing me for this money that I do not feel he is owed and especially under the circumstances mentioned here. I have found that the law websites I have tried tend to favor the attorney no matter what. I am a business person. I did nothing wrong. I was available to meet and desperate to do so but I was told there just was not enough time. What should have given me strength and confidence has just worn me down due to the huge amount of stress involved in seeing his ever growing tri monthly bills that he emails to me. What are my rights here? I really do not feel I should have to spend another minute with this issue. I want it to be over now.
 
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What is the name of your state (only U.S. law)? CA
I found attorney to represent me for 45 minute unemployment hearing. From the onset he began to fail regarding his earliest duty to me. He never had consultation meeting with me even though I had paid $500 for it. At that meeting I would have discussed his feelings about my case and I would have been able to retain him. He told me I had to pay $500 for consultation and $3500 retainer AT THE SAME TIME AND BEFORE CONSULTATION WAS EVEN HELD and before he would commit to representing me because, he said, we're running short on time. I, against better judgement,and because I trusted him, agreed and promptly delivered money to his office. He was to then contact me to set appointment time for consultation. He never did. He said he did not have time. He never signed attorney client agreement even though I did and hand delivered to his office at which time he was to immediately sign and date and return to me by close of business day. I gave $3,200 to him to retain him (plus $500 for consultation that never occurred)and was told this money would be held in a trust. However it does state in the agreement that he never signed (and I think this is policy often followed in attorney/client agreements)that when my trust was 2/3 used, I would be notified that I would need to replenish trust or no further legal action would take place. I was not too concerned about this since I only asked him to represent me, if necessary, at a 45 minute employment insurance meeting. In addition he never met with me to discuss case, etc. even though I contacted him over 12 times in an attempt to get together with him. He said he was really busy. If he did not feel he had enough time to properly prepare for my case then why did he accept it? The evening before my hearing he did call me anxiously wanting me to discuss my case with him at that late date. He instructed me to be 20 minutes early for my hearing that next morning so that we could at last meet and discuss my case. He did not show up early. In fact he ran through the door, late, just as I was exiting with the judge. Days before my hearing, he sent me some sort of hobby paperwork/homework as an attachment to an email. It had to do with some leisure time activities he was enjoying after work. He obviously thought he was sending something to do with my case. On another occasion he sent me copies of a bulletin outlining a legal seminar that had been held a few months prior to my case outlining the costs of the seminar, who the speakers were, what the schedule for the seminar would be, etc. It was totally irrelevant to me and to my case and I became increasingly worried about his abilities and his mental state. At the hearing, the judge would not allow him to say anything. He did have a 'brief' brief that he was allowed to submit. I had never seen it as he missed the one meeting he had agreed on which was supposed to have happened before my hearing. After the short unemployment hearing he let me know that he felt I had a 'good shot' but went on to say that I should consider appealing if I lost. I told him his services were no longer needed. He sent me another bill for almost $4,000 more. I have not paid him. I told him all of the facts I have stated here in a certified letter to him which he has yet to acknowledge. He sends me bills with mounting interest fees about once every three - four months. I feel he has no right whatsoever to be harassing me for this money that I do not feel he is owed and especially under the circumstances mentioned here. I have found that the law websites I have tried tend to favor the attorney no matter what. I am a business person. I did nothing wrong. I was available to meet and desperate to do so but I was told there just was not enough time. What should have given me strength and confidence has just worn me down due to the huge amount of stress involved in seeing his ever growing tri monthly bills that he emails to me. What are my rights here? I really do not feel I should have to spend another minute with this issue. I want it to be over now.

You have the right to file a complaint with the state Bar association
and you had the right to represent yourself at the unemployment hearing.
What was so completed about your situation that you felt you had to hire an attorney?


Did you sign a contract with this person?
Did you read it first?

..______________________
~ When you have excluded the impossible,
whatever remains, however improbable,
must be the truth
 
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quincy

Senior Member
What is the name of your state (only U.S. law)? CA
I found attorney to represent me for 45 minute unemployment hearing. From the onset he began to fail regarding his earliest duty to me. He never had consultation meeting with me even though I had paid $500 for it. At that meeting I would have discussed his feelings about my case and I would have been able to retain him. He told me I had to pay $500 for consultation and $3500 retainer AT THE SAME TIME AND BEFORE CONSULTATION WAS EVEN HELD and before he would commit to representing me because, he said, we're running short on time. I, against better judgement,and because I trusted him, agreed and promptly delivered money to his office. He was to then contact me to set appointment time for consultation. He never did. He said he did not have time. He never signed attorney client agreement even though I did and hand delivered to his office at which time he was to immediately sign and date and return to me by close of business day. I gave $3,200 to him to retain him (plus $500 for consultation that never occurred)and was told this money would be held in a trust. However it does state in the agreement that he never signed (and I think this is policy often followed in attorney/client agreements)that when my trust was 2/3 used, I would be notified that I would need to replenish trust or no further legal action would take place. I was not too concerned about this since I only asked him to represent me, if necessary, at a 45 minute employment insurance meeting. In addition he never met with me to discuss case, etc. even though I contacted him over 12 times in an attempt to get together with him. He said he was really busy. If he did not feel he had enough time to properly prepare for my case then why did he accept it? The evening before my hearing he did call me anxiously wanting me to discuss my case with him at that late date. He instructed me to be 20 minutes early for my hearing that next morning so that we could at last meet and discuss my case. He did not show up early. In fact he ran through the door, late, just as I was exiting with the judge. Days before my hearing, he sent me some sort of hobby paperwork/homework as an attachment to an email. It had to do with some leisure time activities he was enjoying after work. He obviously thought he was sending something to do with my case. On another occasion he sent me copies of a bulletin outlining a legal seminar that had been held a few months prior to my case outlining the costs of the seminar, who the speakers were, what the schedule for the seminar would be, etc. It was totally irrelevant to me and to my case and I became increasingly worried about his abilities and his mental state. At the hearing, the judge would not allow him to say anything. He did have a 'brief' brief that he was allowed to submit. I had never seen it as he missed the one meeting he had agreed on which was supposed to have happened before my hearing. After the short unemployment hearing he let me know that he felt I had a 'good shot' but went on to say that I should consider appealing if I lost. I told him his services were no longer needed. He sent me another bill for almost $4,000 more. I have not paid him. I told him all of the facts I have stated here in a certified letter to him which he has yet to acknowledge. He sends me bills with mounting interest fees about once every three - four months. I feel he has no right whatsoever to be harassing me for this money that I do not feel he is owed and especially under the circumstances mentioned here. I have found that the law websites I have tried tend to favor the attorney no matter what. I am a business person. I did nothing wrong. I was available to meet and desperate to do so but I was told there just was not enough time. What should have given me strength and confidence has just worn me down due to the huge amount of stress involved in seeing his ever growing tri monthly bills that he emails to me. What are my rights here? I really do not feel I should have to spend another minute with this issue. I want it to be over now.
I agree with drruthless. You have the right to file an attorney grievance with the state Bar association. Following are two links, the first to the Rules of Professional Conduct for attorneys in California and the second to filing a complaint against an attorney.

http://rules.calbar.ca.gov/Rules/RulesofProfessionalConduct.aspx

http://www.calbar.ca.gov/Attorneys/LawyerRegulation/FilingaComplaint.aspx

How long before the hearing did you actually contact and hire the attorney?
 

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