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Being sued by a lawyer thats not mine...

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Crit

Junior Member
Oklahoma

Im a single mother of two, that dates a gentleman that has two kids. I was unaware he was behind on child support until the day he was arrested. I retained HIM an atty at$2,500 to get him to help straighten it out, he was in jail! There were several other court dates, non of which I attended.

Today I find out I'm being sued for an additional $2,400 outstanding atty bill.
My name is nowhere in the case, I just gave the cash up front, Do I have to Pay this? This seems WRONG. Please help.What is the name of your state (only U.S. law)?
 


latigo

Senior Member
I wouldn't have you pay the shyster another red cent! Why?

Because I sense that when you paid the $2,500 you were not aware that you would be responsible for any additional expense.

And if that is so, meaning that the lawyer did not make you fully aware of your total financial commitment –AND made it explicitly clear to you that there would be additional fees over and above the $2,500 and how those fees were to be calculated – then the lawyer did not fulfill his professional obligation to make full disclosure of the fee arrangement. Which is a violation of Oklahoma’s professional canons. *

You certainly did not knowingly and foolishly go into this deal giving the attorney an open-ended contract!

And that is the stead fast position I would have you take and I would have you IMMEDIATELY take it up with the Oklahoma Bar Association in the form of a formal grievance/complaint.

Call their offices and request the proper form.

Oklahoma Bar Association
P.O. Box 53036, 1901 N. Lincoln Blvd.,
Oklahoma City, OK 73152-3036
Phone (405) 416-7000
_________________________


[*] Oklahoma Rules of Professional Conduct
Client-lawyer relationship
Rule 1.5. Fees
* * * * * *

“(b) The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any changes in the
basis or rate of the fee or expenses shall also be communicated to the client.”

____________________


Incidentally, do you know whether or not the attorney every billed this dead beat you seem to be hung up on - or, hopefully were hung up on?
 

Tex78704

Member
I retained HIM an atty at$2,500 to get him to help straighten it out

Today I find out I'm being sued for an additional $2,400 outstanding atty bill.
My name is nowhere in the case, I just gave the cash up front, Do I have to Pay this?
Depends.

Upon what you may have signed when you paid and retained the attorney.

It does not appear that you simply loaned your "gentleman" friend money to retain an attorney, but that you went out and retained an attorney for him.

Did you personally sign a retainer agreement with this attorney? If so, you are bound by whatever the terms of that agreement is.
 

latigo

Senior Member
It is certainly critical to know whether or not you signed an agreement with the attorney covering fees over and above the $2.5K. But since you make no mention of it and express your surprise at been sued, I’m assuming that you signed nothing. And had you done so you would have told us.

If you didn’t commit in writing to be further obligated – then that ties in with the question I raised as to whether or not the attorney billed the man he was representing in court.

Because if he did bill your boyfriend for his legal services – which he may possible have done and only sued you when he was unable to collect – that may very well bring Oklahoma’s statute of frauds into play rendering any implied agreement that you continue to be liable for the boyfriend’s attorney fees invalid as not being reduced to writing. See: Oklahoma Statutes “Statute of Frauds” Title 15 Section 136 (2).

Also, the defense that a cause of action is barred by the statute of frauds is an affirmative defense and must be properly and timely asserted as a defense by answer and/or motion to dismiss - or it is waived.

That is no doubt confusing to you because it is confusing. But I’m not going to elaborate unless you show some reaction and feed back to the responses you have received. Which so far is nil!
 

Crit

Junior Member
I took cash to the atty, the next day I went with my friend to the atty office where he went into the office, signed an agreement(nowhere was my name), and spoke to the atty about the case. I didn't attend anything involving this case, i didn't feel it was my place.

The bills were mailed and emailed to my friend... non with my name on them.
I knew the atty was looking for payment, he called me looking for my friend.

I had no clue the atty even knew my last name.
 

latigo

Senior Member
I took cash to the atty, the next day I went with my friend to the atty office where he went into the office, signed an agreement(nowhere was my name), and spoke to the atty about the case. I didn't attend anything involving this case, i didn't feel it was my place.

The bills were mailed and emailed to my friend... non with my name on them.
I knew the atty was looking for payment, he called me looking for my friend.

I had no clue the atty even knew my last name.
Well then, in view of the above you didn’t actually retain the attorney’s services as you stated earlier. " (I) retained HIM an attorney."

All you did was front the retainer fee for the friend, which is not uncommon. Consequentially, you do not have any further financial responsibility to the attorney, nor did you enter into an attorney/client relationship.

The simplest, quickest and cheapest way to bring this to a favorable conclusion is to put the facts before the Oklahoma Bar Association.

You have their number so call them and explain the situation – accurately this time - and they will assist you. And do it like Monday morning!

And please keep us posted on how this plays out. Hopefully the Bar Commissioners will play a tune on this jerk.

Incidentally, I’m sure that you know very well who gave the lawyer your name. And if you haven’t dumped this deadbeat by now, you are deserving of the mess you find yourself in.
 

Trickster

Member
You are not responsible to any attorney for any fee. Demand him provide ou a detailed bill. If he mailed you a fraudulent bill, contact a postal inspector. You owe nothing.
 

justalayman

Senior Member
You are not responsible to any attorney for any fee. Demand him provide ou a detailed bill. If he mailed you a fraudulent bill, contact a postal inspector. You owe nothing.

a postal inspector? please educate me and explain what a postal inspector would do in such a situation?
 

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