previous attorney put lien, new one dropped case

[CharlieS15]

Hi, I had a very bad experience with my previous lawyer which led to me getting a new one.
When I fired the old one, he put a lien on the property I'm to inherit. He never told me he filed a lien and I only found out when my new lawyer got a response from the opposing party. My new lawyer then stopped answering my calls and would not get back to me. I finally got a letter saying he had dropped my case due to the volume of documents he received. I don't believe his explanation as there really wasn't much.

Would an attorney drop your case if they found out another attorney filed a lien for non-payment?

I had every intention of paying the previous one but we had an agreement that he would be paid when the case is settled. The one that just dropped me, I paid. I'm very confused here.

Also, will the lien hinder me from getting a new attorney to take my case?

 

[quincy]

What is the name of your state?

Did your previous lawyer sue you for nonpayment?

 

[CharlieS15]

What is the name of your state?

Did your previous lawyer sue you for nonpayment?

Illinois. No, he simply filed a lien against the property in trust. He never even notified me. He only told the trustee who is the opposing party.

 

[justalayman]

Would an attorney drop your case if they found out another attorney filed a lien for non-payment?

If the first attorney was to be paid on contingency, filing a lien would be a proper action since his money is in that trust as well. Now that you have severed the relationship the lien is his only action available to ensure he gets paid.


It sounds like you simply fired the first attorney without properly terminating your contract. You need to discuss with them if you can actually terminate the contract and if so, what they are due, and pay them for services already rendered.

 

[quincy]

What is the value of the property you are expecting to inherit, that now has a lien placed on it?

You say you paid your second attorney prior to him withdrawing from your case. What was this payment meant to cover?

It can certainly be more difficult to find an attorney to assist you when it is known you have failed to pay a previous one or when the amount that is possible to recover in an action will not be enough to cover the new attorney's expenses.

 

[CharlieS15]

If the first attorney was to be paid on contingency, filing a lien would be a proper action since his money is in that trust as well. Now that you have severed the relationship the lien is his only action available to ensure he gets paid.


It sounds like you simply fired the first attorney without properly terminating your contract. You need to discuss with them if you can actually terminate the contract and if so, what they are due, and pay them for services already rendered.

Well, I understand why he did it, but I'm wondering if this could be the real reason the 2nd attorney dropped my case and if it will make it difficult to find a new one to take my case unless I get the lien removed. I would be upfront with any new attorney about the lien but I don't want to waste my time going to several more consultations if its just gonna drive them away.

The contingency aspect was a verbal agreement. The actual contract I signed was to pay him hourly and the contract could be terminated at any time by either one of us. So no, it was properly terminated. I didn't want to have to let him go but I had no choice. He was massively overcharging, clearly not reviewing critical evidence I sent him and just doing a horrible job overall. He's clearly incompetent. I was going to pay him as per our agreement and I still plan on paying him for the legitimate services that he rendered but I plan on disputing several of his charges. I guess I just thought I could put him on the back burner and deal with that later because he already wasted so much time and I needed to make some progress.

 

[justalayman]

So not only do you not have a contingency agreement, you’ve not paid the guy. That is going to be a turn off for any lawyer you interview.

So, pay they guy and demand he removes the lien and go on with your suit.

 

[CharlieS15]

What is the value of the property you are expecting to inherit, that now has a lien placed on it?

You say you paid your second attorney prior to him withdrawing from your case. What was this payment meant to cover?

It can certainly be more difficult to find an attorney to assist you when it is known you have failed to pay a previous one or when the amount that is possible to recover in an action will not be enough to cover the new attorney's expenses.

I'm trying to stay a little vague as I don't want my adversary finding these posts. (unlikely, but very possible given their background)

I'll just say well over $400,000 its plenty to cover their payments and I believe with the evidence I have the case would get wrapped up fairly quick.

Yes I paid him. It was meant to cover whatever. It was a retainer. He refunded most of it to me when he sent the letter saying he would no longer represent me. I wanted to file suit immediately and he suggested we start with a demand letter. Which I told him was a waste of time. I was right. I just don't understand why he dropped my case. I paid him. I would have continued to pay him as we had a different agreement from the first lawyer. All the opposing party sent was a bunch of fluff to waste our time. And it still wasn't even that much.

 

[justalayman]

I'll just say well over $400,000 its plenty to cover their payments and I believe with the evidence I have the case would get wrapped up fairly quick.

Ya lost me as to whose payments you are referring to but regardless:

I was talking about paying the first attorney. You said you had not paid him.

If there is a lien, any subsequent attorney sees two battles; one with the actual defendant and the second with the attorney that’s asserted the lien. I suspect you will have difficulty finding a taker for representation until that lien issue changes.

 

[CharlieS15]

So not only do you not have a contingency agreement, you’ve not paid the guy. That is going to be a turn off for any lawyer you interview.

So, pay they guy and demand he removes the lien and go on with your suit.

Ok, well, I guess not technically, and not in writing, but that is what we agreed to. That he would be paid when its settled. He knew money was tight. Most of it was stolen by the trustee. I haven't paid him because I don't have the money. Again, he knew that and was ok with it. I definitely don't have the ridiculous amount he charged which well eclipsed his estimate for the entire case in 1 month. I'm between a rock and a hard place. I don't agree with many of his charges and even if I did, I can't pay that whole amount. I don't have it. If I paid him everything I have, he still wouldn't drop the lien, and I wouldn't be able to hire a new attorney. And if he doesn't drop the lien it will look bad to other attorneys who might take my case right?

I really don't know what to do other than contacting him and trying to negotiate something to get him to drop the lien. But I doubt he will.

 

[Zigner]

Ok, well, I guess not technically, and not in writing, but that is what we agreed to. That he would be paid when its settled. He knew money was tight. Most of it was stolen by the trustee. I haven't paid him because I don't have the money. Again, he knew that and was ok with it. I definitely don't have the ridiculous amount he charged which well eclipsed his estimate for the entire case in 1 month. I'm between a rock and a hard place. I don't agree with many of his charges and even if I did, I can't pay that whole amount. I don't have it. If I paid him everything I have, he still wouldn't drop the lien, and I wouldn't be able to hire a new attorney. And if he doesn't drop the lien it will look bad to other attorneys who might take my case right?

I really don't know what to do other than contacting him and trying to negotiate something to get him to drop the lien. But I doubt he will.

He's expecting his money because you fired him. He'll release the lien when he's paid. If he doesn't release the lien, then you can report him to the state BAR - and attorney's hate that.

 

[CharlieS15]

Ya lost me as to whose payments you are referring to but regardless:

I was talking about paying the first attorney. You said you had not paid him.

If there is a lien, any subsequent attorney sees two battles; one with the actual defendant and the second with the attorney that’s asserted the lien. I suspect you will have difficulty finding a taker for representation until that lien issue changes.

By "their" I was referring to Quincy's last sentence. That was a response to him. The amount to recover is very large. Plenty to cover a new attorneys fees.

Do you have any suggestions for making that lien issue change? Because wouldn't I need to get a lawyer to get that removed? I want to challenge it.
I believe many of those charges are invalid and even fraudulent. Even if I wanted to pay him full price, I can't. I don't have it.

 

[CharlieS15]

He's expecting his money because you fired him. He'll release the lien when he's paid. If he doesn't release the lien, then you can report him to the state BAR - and attorney's hate that.

I get that, but I don't have the money to pay him and won't until my case is settled. Which can't happen unless I get another attorney. If I don't have the means to fight the trustee, this lien won't get him his money anyway because the trustee will make sure of that. He's already broken many laws. He will just continue to.

 

[Zigner]

It's unfortunate that you fired him.

 

[justalayman]

Ok, well, I guess not technically, and not in writing, but that is what we agreed to. That he would be paid when its settled. .

You don’t get to stand on the contract regarding paying him because you have terminated the contract He is due his pay.