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Bill from Lawyer I never met with! OREGON HELP!!!!

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no contract

Junior Member
What is the name of your state? Oregon

On May 12, 2005 I scheduled an appointment for May 16, 2005 with a lawyer to draft an offer on a piece of property I wanted to buy. The lawyer took down my personal information and basic information of the property. I cancelled the appointment early May 16, 2005 and never contacted the lawyer after that point regarding the offer. Later that week I received a fee schedule and contract (to be signed) with the law firm. I did not sign the contract.

On June 29, 2005 I received a notice that my account would be closed in 30 days if no further contact was made. No mention was made of a bill.

On September 2, 2005 I received a bill for $348 stating that I requested an offer be drafted, I never met with the lawyer nor discussed contingencies, term or conditions of an offer on the property

It was approximately 106 days from the date of the cancelled appointment to the date we received the bill.

I did not have a written contract with the lawyer. I feel I did not have a verbal contract with the lawyer.

Is there any law regarding the "timeliness" of a bill? Did we enter into a contract? Do I owe this bill?
 


I AM ALWAYS LIABLE

Senior Member
no contract said:
What is the name of your state? Oregon

On May 12, 2005 I scheduled an appointment for May 16, 2005 with a lawyer to draft an offer on a piece of property I wanted to buy. The lawyer took down my personal information and basic information of the property. I cancelled the appointment early May 16, 2005 and never contacted the lawyer after that point regarding the offer. Later that week I received a fee schedule and contract (to be signed) with the law firm. I did not sign the contract.

On June 29, 2005 I received a notice that my account would be closed in 30 days if no further contact was made. No mention was made of a bill.

On September 2, 2005 I received a bill for $348 stating that I requested an offer be drafted, I never met with the lawyer nor discussed contingencies, term or conditions of an offer on the property

It was approximately 106 days from the date of the cancelled appointment to the date we received the bill.

I did not have a written contract with the lawyer. I feel I did not have a verbal contract with the lawyer.

Is there any law regarding the "timeliness" of a bill? Did we enter into a contract? Do I owe this bill?

My response:

I don't know if you entered into a verbal contract; one, because you never stated the exact words spoken, and two, you never cancelled the contract, presuming one existed. Therefore, it's highly probable that you owe the money based upon simple concepts of contract law.

Oh, sure, you'll say that you called the law firm and cancelled. Well, guess what? You can't prove it. You should have cancelled in writing.

IAAL
 

I AM ALWAYS LIABLE

Senior Member
no contract said:
The lawyer took down my personal information and basic information of the property.
Bill from Lawyer I never met with!
MY FURTHER RESPONSE: So, basically, that statement was a lie, and stated by you for the purpose of gaining sympathy, right? Since when do you have to actually "meet", face-to-face, with someone in order to have a binding contract?



I did not have a written contract with the lawyer.
MY FURTHER RESPONSE: Since when do you have to have a "written" contract to have a binding contract?




I feel I did not have a verbal contract with the lawyer.
MY RESPONSE: It doesn't matter what you "feel." What matters is what was said on the telephone. Apparently, the attorney felt that he entered into a binding contract.



Is there any law regarding the "timeliness" of a bill? Did we enter into a contract? Do I owe this bill?
MY RESPONSE: The bill is timely.


IAAL
 

no contract

Junior Member
I AM ALWAYS LIABLE said:
My response:

I don't know if you entered into a verbal contract; one, because you never stated the exact words spoken, and two, you never cancelled the contract, presuming one existed. IAAL
Understood, a verbal contract is the only possibility.

I AM ALWAYS LIABLE said:
Oh, sure, you'll say that you called the law firm and cancelled. Well, guess what? You can't prove it. You should have cancelled in writing.

IAAL
I don't have to prove that I cancelled the appointment. The lawyer wrote me a letter responding to my phone call (left on voice mail) inquiring about the bill, in that letter the lawyer acknowledged that I cancelled the appointment. I have the letter.
 

no contract

Junior Member
I AM ALWAYS LIABLE said:
MY FURTHER RESPONSE: So, basically, that statement was a lie, and stated by you for the purpose of gaining sympathy, right? Since when do you have to actually "meet", face-to-face, with someone in order to have a binding contract?
IAAL
No need to be so hostile.

Why would you assume it was a lie? I did not meet with the attorney at any time, never.

I don't believe I have to meet face-to-face with the lawyer (or anyone) to have a verbal binding contract.

What this contract or lack thereof is lacking is a "meeting of the minds". At no point did the lawyer ask about nor did I mention any specifics regarding an offer. How was a offer written? Standard form with the address written on it?


I AM ALWAYS LIABLE said:
MY FURTHER RESPONSE: Since when do you have to have a "written" contract to have a binding contract?
IAAL
I understand verbal contracts are enforceable, the problem is we don't agree on the fact that scheduling an appointment and cancelling that appointment is a contract. I can prove the appointment was cancelled.



I AM ALWAYS LIABLE said:
MY RESPONSE: It doesn't matter what you "feel." What matters is what was said on the telephone. Apparently, the attorney felt that he entered into a binding contract.


IAAL
It doesn't matter what anyone "feels" I guess right? Why does it matter what the attorney felt?


My points that are fact:

No written contract.

Written proof the appointment was cancelled.

I never met with the attorney.



My points that are subject to arguement:

No verbal contract.

There was no "meeting of the minds". From my limited knowledge this is a required element in any contract.

Thoughts?
 

DDCoffey

Junior Member
I don't think you owe anything

I don't think you owe anything. Why is this any different than if you hire someone services and before they do anything, you cancel. From your post it sounds like the lawyer could not have done anything, since you did not provide him with the details. I had a similar thing happen to me, not with a lawyer, and the Better Business Bureau was on my side, I order something, canceled within in a short time and since I never signed any contract was do all of my money back. Just because you are dealing with a lawyer doesn't mean he can rip you off. Don't pay him anything.
 

no contract

Junior Member
An update for anyone that cares.

We sent the lawyer a well written letter (my description:)) via certified mail asking the lawyer to call and explaining why we didn't owe any $$.

The lawyer called us (hadn't returned phone calls prior to the letter) and said she didn't want to spend anymore time on this and explained what she did (work wise) and why she sent the bill. She was very nice, respectful and honest. She offered a reduced fee, we said we will pay 1/2 and call it done.

I think I could have complained, been hard nosed etc but in the end I felt fine about paying 1/2 the fee and being done with it. My DECIDING factor was her attitude on the phone, she bought herself ~$175 and I too was free of any hassles.

To the lawyer who replied initially, you should take note:).
 

I AM ALWAYS LIABLE

Senior Member
no contract said:
An update for anyone that cares.

We sent the lawyer a well written letter (my description:)) via certified mail asking the lawyer to call and explaining why we didn't owe any $$.

The lawyer called us (hadn't returned phone calls prior to the letter) and said she didn't want to spend anymore time on this and explained what she did (work wise) and why she sent the bill. She was very nice, respectful and honest. She offered a reduced fee, we said we will pay 1/2 and call it done.

I think I could have complained, been hard nosed etc but in the end I felt fine about paying 1/2 the fee and being done with it. My DECIDING factor was her attitude on the phone, she bought herself ~$175 and I too was free of any hassles.

To the lawyer who replied initially, you should take note:).

My response:

Take "note" of what? That she was a woosy, wishy-washy, attorney? I would have sued you for the entire amount. Obviously, there was a contract. Otherwise, why would you agree to pay anything?

I was right all along, and your initial statement, "Bill from Lawyer I never met with!" was written to mislead.

IAAL
 

no contract

Junior Member
I AM ALWAYS LIABLE said:
My response:

I would have sued you for the entire amount.

IAAL
This is precisely why your dumb ass is stuck here giving free advice.

Get off the computer and try and find some paying clients :p .

That is if you even HAVE a degree in anything ;), liar.
 

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