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Unfair serice fee from my attorney

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AmericanWay

Guest
What is the name of your state? virginia
I have paid my lawyer the majority of $750 for a trial he represented me in a year ago almost. I feel his lack of response to me wanting to discuss my appeal, eventually to the point that I had lost the oppurtunity to do so, has warranted me the right to not pay him the remainder of fee due, that he is just now requesting. I also signed nothing binding me to the fee. Any advice or experience on this subject will be appreciated.
 


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ishotthesheriff

Guest
Boy does this sound familiar

I'm not an attorney nor do I know anything about Virginia laws, but in NJ, we have a state attorney ethics committee. If you have one in VA, I suggest you contact them because your lawyer failed to have a written contract (required in NJ), failed to act with diligence (you lost your right to appeal), failed to communicate, etc.

I'm not sure about the fee dispute but in NJ, we also have a Fee Arbitration Committee. The attorney has to advise you of your right to protest the fee to this committee and you have to do it within a certain amount of time. I suggest you do an internet search on ethics committees and fee arbitration for your state and see what you come up with. Also, in NJ, you can't file an ethics complaint until the fee dispute is settled. Good luck.
 

HomeGuru

Senior Member
AmericanWay said:
What is the name of your state? virginia
I have paid my lawyer the majority of $750 for a trial he represented me in a year ago almost. I feel his lack of response to me wanting to discuss my appeal, eventually to the point that I had lost the oppurtunity to do so, has warranted me the right to not pay him the remainder of fee due, that he is just now requesting. I also signed nothing binding me to the fee. Any advice or experience on this subject will be appreciated.
**A: the small fee is due because you had legal represenatation at the trial. The appeal discussion was extra and not part of his/her trial services.
You need not have anything signed agreeing to pay the fee, because the complaint filed with the Court (with the attorney's name and contact info) is evidence that you had contracted for legal counsel.
 
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AmericanWay

Guest
So you're saying he did't have to reply to my appeal?

He didn't have to stay out the duration of the case, including an appeal of the conviction. I would have to disagree, though I'm not a lawyer, I have studied law, and I believe a request by the client to file or at the very least discuss appeal with contracted counsel is part of the binding contract. I hope to hear a reply from you on this. Thank everyone for earlier replies.
 

JETX

Senior Member
Q1) "I believe a request by the client to file or at the very least discuss appeal with contracted
counsel is part of the binding contract."
A1) Sorry, but any possible discussion of appeal is NOT automatically a part of any binding attorney-client relationship. The agreement is just what it says it is... the attorney will represent his clients legal issues on a specific matter as noted in the agreement. However, most attorneys will provide a 'courtesy' visit to discuss the likelihood or chance of filing an appeal, it is NOT included in the basic agreement.. and isn't mandatory.
 
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AmericanWay

Guest
Appreciate the advice

I sent a letter today letting the attorney in question know that I intend to pay the remaining amount. $300 isn't worth the time and effort in court.
 

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