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greenjeans

Junior Member
What is the name of your state? TX

I hired an attorney about a month ago to handle a non-compete contract I had with an ex-employee that I wanted enforced. He told me he would write up a cease and desist letter and email a copy for approval in about a week or two.

A week goes by and nothing so I called and left a message with his secretary. There had been an address change and I wanted to make sure he would include a no contact clause. The ex-employee was calling and saying she was sleeping with my husband and therefore needed his cellphone # and her and her new boss (another contractor at the same business) cornered and confronted my hubby at work one night. He never called me back.
Another week goes by and no email, no phone call so I call again and leave another message with his secretary. No returned phone call.
I call again and basically tell his secretary to tell him not to bother doing anything. Which brings us to today when I get his bill stating he sent the letter last Friday (after my last call) and of course wants payment for it. He sent it certified RRR. I have no proof that he sent the letter first of all (as of last night she's still working for the guy) and I have absolutely no idea what was in the letter because he never sent me a draft of it for approval.
So my question is, is this something that's worth reporting to the state bar? Their site never loaded on any of my computers so I couldn't look anything up online. I just don't want to waste my time on something if according to them he did nothing wrong.

TIA
 


GaAtty

Member
No. A bar complaint should only be about ethics violations. There is no ethics violation here. You are simply talking about clerical issues. If the attorney is busy, as he probably is if he is good, he probably sent the letter out and got it done as soon as your call reminded him that he was behind on the matter. It sounds like you are suspicious that you can't believe him. If so, get another one that you can believe. However, know in advance that it not only increases your expenses but makes it difficult for your attorney to require that you be consulted on every little thing before the attorney acts, and to require that you be copied on every document that goes out. You can imagine the cost of mailing and copies if a client is sent a copy of every single document on a case. At some point you have to credit your attorney with acting in your behalf, and trust that they are doing so, even when you are not there to direct their every move.
 

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