• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

unsrupulous attorney

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

N

nlgzyk

Guest
I sought advise from an attorney about a tax matter. When the matter was settled with the government I received a notice from the IRS that because my settlement involved an "offer and comprommise" the refund from taxes paid the year that the offer was accepted could be used to satisfy any back taxes owed. I questioned this because the attorney that had represented me in this case told me and wrote me that the matter with the IRS was concluded and the only problem that remained open was, if I should be deliquent in paying my taxes in the future the 5 year rule would go into effect. When I received the notice from the IRS I called my attorney he said "they cannot do that to you". I asked why and he replied that the amount that they witheld was not resonable and I did not owe that sum. What I latter learned that the IRS could do what they did but my attorney had no idea what I owed or that the IRS was correct in their action. I could also have avoided paying the sum that I did if only the attorney had made it clear that any refund for that year could be held by the IRS. When I asked what could be done he initially said we would appeal but as time dragged on and nothing was done I became very frustrated. The accountant that was also involved in this case did file an appeal when he found out that the attorney had not. Especially, he said because there is a statute of limitations. I paid this lawyer over $20,000.00 and feel that he really did little for me and when the IRS acted he abandoned me. I feel that this lawyer represented himself as a tax attorney and did not know the tax law and when I sought assistance to appeal he was unwilling to help.
I have attepted to sue him for return of the fees that he charged me but the atorney I consulted told me that the case was not worth enough money. I would have to sue for over $100,000.00 before an attorney that sues other attorneys for mal-practice would accept this case.
 


M

Marcia M

Guest
I am not sure what advice you want.

It does sound as if the lawyer you hired was not very good and/or was careless. I am not sure exactly what that cost you ultimately in terms of dollars, yet that is the measure of damages, not what you paid the attorney.

Suing people is not easy, especially when they have areputation to protect. And I don't know any lawyers who would take on a matter like your on a contingency unless the lawyer's negligence is open and shut, and your damages are very clear and large. And my guess is you don't want to pay a lawyer to sue the old laywer and hope for a quick settlement from his malpractice carrier. (By the way, any time a potential client comes to see any lawyer because she is dissatisfied with her old lawyer, and the reasons are not all that clear, the lawyer wonders "Might I be next"?)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top