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Paying to have documents returned?

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California
I hired an attorney about 2 years ago to check into my financial situation because husband does not allow me access to information. Attorney had no official office so we met at 2 times at his friend's office 30 min away from his house and charged me for his driving time. He took 2 boxes of my financial records home with him to look over.
We did not get along and I got no answers although I paid him $4000.
I would like my financial records back. He said it would cost me 45 minutes of his time to bring them to his friend's office and wants $200 to return them.
Is this a common practice? To charge a client for giving them their records back? I would gladly meet him at his home (an hour away from me) to save any charges. He refuses.
 


garrula lingua

Senior Member
Advise him that you are reporting him to the California State Bar.

Did you sign a retainer agreement with him ?

Also contact your local county Bar Association and ask them if they offer fee mediation- demand an accounting from the atty and a refund of unused funds.

What the heck did he do for $4000 ? That box sounds like my tax papers &
I sure as heck will not pay that for someone to look at the paperwork !

If, indeed, he scrutinized the paperwork, he should have sent you a written report explaining the material and what the, overall, financial meaning of the records was (not just reading, but interpreting the paperwork: ie "check into your financial situation").

Report the bum to the State Bar.
 
Thankyou for reply

I only got a bill listing the days, the time spent and the money owed. No names, phone numbers or topics discussed. The list included (these are direct quotes)
numerous phone calls flat $900
review of numerous documents 2.3 hr
obtaining documents .30 hr
review of documents 3.0 hr
numerous phone calls and Emails to client either unanswered or no follow-up .25 hr
missed appointment $125
letter to opposing counsel .30
phone call to opposing counsel .30
He told me to call only if I had something significant to tell him, otherwise, he would get in touch with me.
That was over 1 year ago.
I honestly don't want to have any contact with him whatsoever as he was very demeaning ( saying I was 'stupid', telling me childish stories because some people 'needed help understanding adult terminology') and sarcastic (asked me the time, then noticed I had no watch and said under his breath 'what was I thinking...asking someone like you what time it is?')...and charging me for the time it took for him to say it!
Stupidity and naivete are very different, and I admit to the latter. However, I have no money left to correct my stupidity concerning my choice of attornies.
So...should I go to the County Bar Association??? I am not much of a fighter.
Thankyou
 
addition...

I better add....
the missed appointment charge....I called ahead of time and canceled He was at home, not at the office.
the numerous calls and Emails he charged me....I have an answering machine and no messages were left. I'm hearing impared and only have 1 phone I can use. Many times I do not see the call light, but I check the answering machine often. Emails I check everyday.
 

garrula lingua

Senior Member
He sounds like a horrible person and a dishonest attorney.

I would contact the California State Bar @ http://www.calbar.ca.gov

Check the site for a complaint form. (You can also enter yo-yo's name in the search atty box & you will be told whether he has had any disciplinary actions agin him & whether he is currently in good standing).

Frequently, the Bar will require restitution to the victim as a condition of the discipline action; many attys will try to correct the situation quickly, if the Bar is inquiring.

The County Bar Associaton is usu best for actual fee disputes. Here, it sounds like a flat dereliction of duty, not a simple argument over how much is due.

Even if you don't want to fight, contact them - it's their job to enforce ethical behavior by all attys.

You also have the right to sue the shyster in small claims court (limit is $5,000), and you can still pursue the County Bar fee mediation, if available.

Good luck. I'm sorry you're dealing with this dirtbag. There are many honorable attys out there.
 

garrula lingua

Senior Member
There is no guarantee that a governmental agency will handle CORRECTLY completed forms with any speed.

What is correct with one clerk, may be considered incorrect with another.
What was correct on Monday, may be incorrect on Tues.

The atty isn't responsible for your inconvenient interruption of YOUR time-line for success in the US; it's just part of the wonderful process of life, immigration, and settling into a new life.

Get real - you are dealing with the government.

As I am a (appreciative) first generation American, just be damn grateful you were accepted into this great country.

If you want your first act in America to be a lawsuit, GO HOME. We don't need more leeching morons.

I can't wait to read about your suing Motor Vehicles for not issueing a DL quickly enough.
 

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