• 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.

Attorney Dropped Case and Kept Money

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

cdubaz

Junior Member
What is the name of your state? Arizona

I hired an attorney to defend me in a DUI case back in September, 2005. It was my first offense of any kind and I had no experience with the law or legal system. I did my research and spoke with several attorneys before making my choice. He quoted me a flat fee of $4,200.00 for the entire case. I consulted with a friend before paying via credit card and gave her all the details over the phone, in front of the attorney before proceeding. The firm pushed out my DMV hearing date and then I did not hear from them for several months. They sent me duplicates of the court dates the DMV sent me themselves but nothing else. In December, I received a voice mail message from another attorney at the firm letting me know that he was taking over my case. I followed up with him and felt very uncomfortable. He was very rude to me and acted as though I was guilty. I did not get a sense of confidence. After confering with friends, one an attorney for other matters, I called the firm and left a message for the attorney I hired. I was polite and just let them know I did not feel comfortable with the new guy and that I felt he was very rude to me. I am not prone to unnecessray rudeness and was polite every time I spoke with anyone there. I heard nothing back until just befoe New Year's Eve when the first attorney called me at work and said he was dropping my case. I was astounded and let him know that that was not my intention. He replied that if the other attorney could not make me feel comfortable, then neither could he. He further said that he would be sending me my paperwork and refund in the mail. I heard nothing else from them. I hired another attorney and we waited some time before calling again asking for my paperwork and refund. He drafted a letter to them requesting it but finally had to physically go there and pick it up. I never got the refund but finally mid-February 2006, I received a letter from the firm with an ITEMIZED accounting of charges. They claimed that they actually spent MORE than what I'd paid. They had not interviewed the officers, we had not gone to a hearing or court, nothing. My new attorney and friends who are attorneys in other areas called this unethical and said that he should not have kept my money for what little they did. This whole thing has left me feeling very wary of our legal system. I was told to report this to the State Bar and I did. A woman called shortly afterwards and said that she was hearing more and more of this type of thing happening, especially when it concerned DUIs.

I have found out from talking with people I know and through research that DUIs are very difficult to get out of and that some cops are actually creating information on their reports that are untrue. One of my personal friends, a woman in her late 60s, was followed closely then pulled over by officers in Phoenix one night. They gave her the field test, a breathilizer and a blood test. She passed both the breath and blood test as she had not had anything to drink in the last five hours. They still charged her with DUI!!! She had to pay an attorney to have the charges dropped. How is this possible? Myself, I had had two drinks. I do not know how only two drinks could put someone my size over the limit and I was not offered a blood test. The cops followed me, tailgating for several blocks in a dark neighborhood. Myself and a friend, females over 50 were in the car, neither drunk but definately intimidated. They turned on their siren finally and forgetting my turn signal, I pulled over. What do you supposed they put down as the reason they stopped me? Yep. They had followed us out of a restaurant drive way. Shooting fish in a barrel is what I'm told it is called. Randomly following people, intimating them and pulling them over. If they've had any drinks at all, they will be charged. Needless to say, I do not drink if I am driving any more but what is our system coming to when the cops can pull these tricks and the attorneys we pay money to, to defend us, rip us off? If anyone has any suggestions on what more I can do, I'd appreciate it. I am not rich by any means and support my elderly parents as well as myself. It has caused a hardship having to pay two attorneys.
 


rmet4nzkx

Senior Member
You were refered to another attorney in the firm, they got you a continuance, you fired them, they are entitled to be reembursed for their services at an hourly rate once you broke the contract, I suggest you check the fine print. YOu never said whether you passed the FST or if you blew ? BAC? There is nothing illegal about the police following a car leaving an establishment and waiting for you to violate the vehicle code.
 

Find the Right Lawyer for Your Legal Issue!

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