Attorney did nothing and he's keeping my money...

[sogwap]

Texas

I hired an attorney for my son's criminal case. My son was sitting in jail with a court appointed attorney who didn't make a move. So I hired an attorney who's Investigative assistant came to my home on a Sunday. I paid him in cash half of the fee he charged. I spoke with the attorney one time. He told me that he was doing a case in another state, but that he would do what he could by phone to get my son out. I called and called and called him and he would never answer. I called the assistant and was told that I was worrying myself to death. Nevertheless, I kept calling and he wouldn't call me back no matter what. My son called him from jail once and he spoke with him for 5 minutes and that was it. After that I tried to call the attorney with another number. He didn't answer but called it back. He was surprised to here it was me and tried to reassure me with a bunch of lies and said he would keep me informed. AGAIN, no calls. So I called him and called him and no response. I tried with yet another number and no answer, but again, he called it back. and again was surprised to hear it was me.

He did NOTHING. He didn't file anything... By a week and a half I had to hire another attorney who did everything that was supposed to be done. On my son's court date, two weeks after I hired the negligent attorney, this guy shows up at the court 25 minutes late and begins to file everything he should have already filed but finds out I've hired another attorney and proceeds to stuff papers into a folder to look good. I saw him do it. He didn't even look for me at the court to talk with me. He writes me a letter telling me that if I didn't want him anymore he would be kind enough to not charge me further. I write him a letter back telling him he's out of his mind and that I want my initial payment back, citing EVERYTHING not done by him and legal valid reasons that I never had to pay him a dime. I gave him two weeks to return my money threatening him with reporting to the Texas Bar Association. He never responded and now my son is getting calls from his office asking if he's made a payment.

This guy is really really bad and I've already reviewed him on one site online to make sure that noone hires him and gets the same treatment. I know that I shouldn't have given him a deposit, but I was so desperate to get my son out of jail and I really thought he was going to help. I got him on Legalmatch.com.. The callback on that was from his investigative assistant who was so convincing and seemingly compassionate. I just wanted to help my son.

I know that I can get my money back in small claims. I've gone to the Texas Bar and they do this fee dispute thing, but the attorney has to agree to arbitration and it all takes at least 45 days. All I want is my money back. I can't report him to the Bar until that is over, which I haven't really started yet. because I want to do what's quickest.

My question is should i proceed with the TX bar artibration. He could just refuse to coorperate and that would be the end, but I would still have to wait the 45 days. I can't report him to the Bar until that's over. If he doesn't cooperate, that's time wasted. Should I just sue him in small claims court, which seems to be more practical because I could still report him while that's waiting to be done..... I need to report him because he is unethical and could hurt a lot of people.

 

[LdiJ]

Texas

I hired an attorney for my son's criminal case. My son was sitting in jail with a court appointed attorney who didn't make a move. So I hired an attorney who's Investigative assistant came to my home on a Sunday. I paid him in cash half of the fee he charged. I spoke with the attorney one time. He told me that he was doing a case in another state, but that he would do what he could by phone to get my son out. I called and called and called him and he would never answer. I called the assistant and was told that I was worrying myself to death. Nevertheless, I kept calling and he wouldn't call me back no matter what. My son called him from jail once and he spoke with him for 5 minutes and that was it. After that I tried to call the attorney with another number. He didn't answer but called it back. He was surprised to here it was me and tried to reassure me with a bunch of lies and said he would keep me informed. AGAIN, no calls. So I called him and called him and no response. I tried with yet another number and no answer, but again, he called it back. and again was surprised to hear it was me.

He did NOTHING. He didn't file anything... By a week and a half I had to hire another attorney who did everything that was supposed to be done. On my son's court date, two weeks after I hired the negligent attorney, this guy shows up at the court 25 minutes late and begins to file everything he should have already filed but finds out I've hired another attorney and proceeds to stuff papers into a folder to look good. I saw him do it. He didn't even look for me at the court to talk with me. He writes me a letter telling me that if I didn't want him anymore he would be kind enough to not charge me further. I write him a letter back telling him he's out of his mind and that I want my initial payment back, citing EVERYTHING not done by him and legal valid reasons that I never had to pay him a dime. I gave him two weeks to return my money threatening him with reporting to the Texas Bar Association. He never responded and now my son is getting calls from his office asking if he's made a payment.

This guy is really really bad and I've already reviewed him on one site online to make sure that noone hires him and gets the same treatment. I know that I shouldn't have given him a deposit, but I was so desperate to get my son out of jail and I really thought he was going to help. I got him on Legalmatch.com.. The callback on that was from his investigative assistant who was so convincing and seemingly compassionate. I just wanted to help my son.

I know that I can get my money back in small claims. I've gone to the Texas Bar and they do this fee dispute thing, but the attorney has to agree to arbitration and it all takes at least 45 days. All I want is my money back. I can't report him to the Bar until that is over, which I haven't really started yet. because I want to do what's quickest.

My question is should i proceed with the TX bar artibration. He could just refuse to coorperate and that would be the end, but I would still have to wait the 45 days. I can't report him to the Bar until that's over. If he doesn't cooperate, that's time wasted. Should I just sue him in small claims court, which seems to be more practical because I could still report him while that's waiting to be done..... I need to report him because he is unethical and could hurt a lot of people.

I think that your best bet would be the arbitration. In my opinion he shouldn't have accepted your case because he was unable to handle it in a timely manner. However, I am not sure that he won't be entitled to some of the fees since his assistant did come to your home and he obviously did some work...even though it turned out to be a wasted effort. The arbitration will be the best way to sort it out, and he will likely take that far more seriously than a small claims case.

 

[sogwap]

I think that your best bet would be the arbitration. In my opinion he shouldn't have accepted your case because he was unable to handle it in a timely manner. However, I am not sure that he won't be entitled to some of the fees since his assistant did come to your home and he obviously did some work...even though it turned out to be a wasted effort. The arbitration will be the best way to sort it out, and he will likely take that far more seriously than a small claims case.

Thank you. I see your point. In my letter to him I did tell him that he was most likely entitled to part of that fee because of his assistant's visit and for his visit to the court, but he just never responded to my letter. The problem with the arbitration in Texas is that (or at least it's what they told me on the phone) he has to agree to it... Why would he agree to it if he can keep the whole deposit without it? I do suppose though, that the Arbitration is worth a try.

 

[LdiJ]

Thank you. I see your point. In my letter to him I did tell him that he was most likely entitled to part of that fee because of his assistant's visit and for his visit to the court, but he just never responded to my letter. The problem with the arbitration in Texas is that (or at least it's what they told me on the phone) he has to agree to it... Why would he agree to it if he can keep the whole deposit without it? I do suppose though, that the Arbitration is worth a try.

The reason why he would agree to it is because it derives from a report to the BAR association. It damages his reputation with the BAR association if he does not agree/cooperate with arbitration. An attorney's reputation with the BAR association is very important to an attorney...or at least is very important to 99.99% of attorneys.

 

[sogwap]

The reason why he would agree to it is because it derives from a report to the BAR association. It damages his reputation with the BAR association if he does not agree/cooperate with arbitration. An attorney's reputation with the BAR association is very important to an attorney...or at least is very important to 99.99% of attorneys.

Oh, see I didn't even know that. That's why I posted this question. I think I will proceed with the arbitration. Thank you much!

 

[TigerD]

By a week and a half I had to hire another attorney

You are upset because the attorney couldn't waive a wand and get your son our of jail in a week and a half? Why didn't you post bond?
And in a week-and-a-half you called something like 8 times? You realize that you weren't the client right? The attorney couldn't tell you about your son's case unless your son gave him written permission to so.

DC

PS:

This guy is really really bad and I've already reviewed him on one site online to make sure that noone hires him and gets the same treatment.

You should probably have that post reviewed by another attorney to ensure you haven't said something that could get you sued.

 

[Blutodidit]

You are upset because the attorney couldn't waive a wand and get your son our of jail in a week and a half? Why didn't you post bond?
And in a week-and-a-half you called something like 8 times? You realize that you weren't the client right? The attorney couldn't tell you about your son's case unless your son gave him written permission to so.

DC

PS:
You should probably have that post reviewed by another attorney to ensure you haven't said something that could get you sued.

Did you read the part about how the Parent paid the Lawyer for his services in getting his Son out of jail? In my opinion, the parent has just as much a right to hear about the Son's case as the Son does. I don't think the Son needs to give written permission since the Parent paid for the Lawyer's services. I am puzzled like you, that the Parent didn't post bond, so the Son could get out.

 

[quincy]

Did you read the part about how the Parent paid the Lawyer for his services in getting his Son out of jail? In my opinion, the parent has just as much a right to hear about the Son's case as the Son does. I don't think the Son needs to give written permission since the Parent paid for the Lawyer's services. I am puzzled like you, that the Parent didn't post bond, so the Son could get out.

No, the parent does not have any right to hear about the son's case. It doesn't matter who pays for an attorney.

The attorney is representing the son and has a duty to the son to not reveal information about his case to anyone, not without the son's express consent.

 

[Blutodidit]

No, the parent does not have any right to hear about the son's case. It doesn't matter who pays for an attorney.

The attorney is representing the son and has a duty to the son to not reveal information about his case to anyone, not without the son's express consent.

My bad, Mr. Quincy. Thank you for the information.

 

[quincy]

My bad, Mr. Quincy. Thank you for the information.

Mr. Quincy, huh?

I could almost get used to that, especially if it is followed by "sir."

 

[Blutodidit]

Mr. Quincy, huh?

I could almost get used to that, especially if it is followed by "sir."

Just giving respect where respect is due, Mr. Quincy, Sir.

 

[Ohiogal]

Did you read the part about how the Parent paid the Lawyer for his services in getting his Son out of jail? In my opinion, the parent has just as much a right to hear about the Son's case as the Son does. I don't think the Son needs to give written permission since the Parent paid for the Lawyer's services. I am puzzled like you, that the Parent didn't post bond, so the Son could get out.

You would be wrong. The parent was NOT the client and was not entitled to any information without the son's permission. It doesn't matter WHO pays for the services. The person owed anything would be the client.

 

[Blutodidit]

You would be wrong. The parent was NOT the client and was not entitled to any information without the son's permission. It doesn't matter WHO pays for the services. The person owed anything would be the client.

Mr. Quincy already pointed that out to me. Didn't you read the 2nd to the last post? I was wrong, but still, I believe that most Sons who have a Parent pay for their Lawyer, have a close enough relationship with their Parents that the Parents are on top of everything involving the case. Of course, with the Son's permission.

 

[Ohiogal]

Mr. Quincy already pointed that out to me. Didn't you read the 2nd to the last post? I was wrong, but still, I believe that most Sons who have a Parent pay for their Lawyer, have a close enough relationship with their Parents that the Parents are on top of everything involving the case. Of course, with the Son's permission.

Not before I posted, I didn't. And no, it doesn't matter if the parent pays -- without specific permission preferably in writing, attorneys cannot speak to ANYONE about the case. Doesn't matter if they are the parents, spouse, bed buddy or blow up doll of the client. If they needed to know anything they could talk to the actual client directly.

 

[TigerD]

Doesn't matter if they are the parents, spouse, bed buddy or blow up doll of the client.

I'm not positive, but I think there may be a state exception to the blow-up doll prohibition in Arkansas.

DC