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Attorney Fiduciary Duty.

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madmike

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? Arizona, I am in a cival suit (defendant). It has gone thru arbitration. I won all charges( plaintiff claimed wages). My attorney filed the proposed form of award. The arbitraitor ruled that I had to pay for my attorney fees. I athorized my Attr: to ask the Arb: to reconsider his decision. Instructions ,documents, statues and case law was discussed and how to follow the chain of events. A few days later I recieved a letter that the Arb: was willing but wanted more info. This is when things started getting confused.My attr: had me thinking paper work was filedand case continued thru the system. I requested a copy of the letter but to this day never recieved it. She resently filed to be withdrawn from case due to lack of payment and me not athorizing response to the Arb:. Pretrial to Set Hearing came and come to find out that my attr: never answered to 2 seperate request of the Arb:. I can't explain why the Attr: would do this considering I have an E-mail from her outlining the details and stratagy of the letter to be sent along with the approval to do so. I'm truley at a loss here. RE: I have not paid them in full but I have paid them. SUGGESTIONS???????
 


O

OC3902

Guest
madmike said:
What is the name of your state?What is the name of your state?What is the name of your state? Arizona, I am in a cival suit (defendant). It has gone thru arbitration. I won all charges( plaintiff claimed wages). My attorney filed the proposed form of award. The arbitraitor ruled that I had to pay for my attorney fees. I athorized my Attr: to ask the Arb: to reconsider his decision. Instructions ,documents, statues and case law was discussed and how to follow the chain of events. A few days later I recieved a letter that the Arb: was willing but wanted more info. This is when things started getting confused.My attr: had me thinking paper work was filedand case continued thru the system. I requested a copy of the letter but to this day never recieved it. She resently filed to be withdrawn from case due to lack of payment and me not athorizing response to the Arb:. Pretrial to Set Hearing came and come to find out that my attr: never answered to 2 seperate request of the Arb:. I can't explain why the Attr: would do this considering I have an E-mail from her outlining the details and stratagy of the letter to be sent along with the approval to do so. I'm truley at a loss here. RE: I have not paid them in full but I have paid them. SUGGESTIONS???????
Your attorney filed a motion to withdraw as your attorney of record, based on non-payment by the client and apparently 'lack of cooperation'. Have you paid your attorney in full?? If you haven't and you pay her in full now, perhaps if you talk to your attorney she will take the motion to withdraw off calendar (so that there's no longer a hearing date on the motion). But you would have to pay her in full Very soon as there's probably a hearing date coming up soon (the hearing date should be indicated on the motion which you should have received a copy of). Hopefully with full payment she'll change her mind and take the motion off calendar. If you pay her in full and she doesn't want to take the motion off calendar, then you need to file an opposition or response to the motion, and there's likely a deadline to file and serve it per the rules in your state. And then you or another attorney would need to appear at the hearing. (This is assuming you want to keep the same attorney; you said you requested a copy of a letter but to this day never received it? I can't tell if it's because there was never a letter or because your attorney wanted to withdraw, etc.) Your post makes it sound as if the arbitrator's award wasn't 'appealed' with a request for trial de novo or other similar document; try confirming the status of the case with your attorney. Also you might try asking another local attorney to review the motion to see what the chances are that the motion will be granted and what grounds you might have to oppose. If you can't find one, the grounds for the opposition/response might be prejudice to your case if your attorney withdraws (I can't tell for sure without seeing the motion, knowing more facts in your case and checking Arizona case law, etc.) P.S. You said she never answered 2 separate requests of the Arbitrator? Do you know what these requests were?
 
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