Can I do this without getting ANOTHER lawyer?

[msuracer01]

What is the name of your state? Kentucky.
I have a lawyer suing me for a case he handled. He is suing for $750 flat rate not accounting for $150 I've already paid him. I want to negate the $750, provide proof that I've paid $150, and state that only $300 is owed based on what he originally charged ($150 for 1.5 hours, he only has 4.5 total hrs billable on this case). I have to file with the court by October 11th and don't know how to word it.

 

[Rexlan]

If he has filed in small claims all you need to do is appear. If he has actually filed a complaint then you need to file an answer. If you have no retainer/contract agreement or did not sign anything about a flat rate charge you may have a claim. I would not retain an attorney for this as it will only increase the cost. Let the judge sort it out but remember he too was an attorney …lol

Without knowing what the complaint says it is difficult to say what needs to be in the answer. I would generally deny that any debt is owed and request that the complaint be dismissed with prejudice. This isn’t likely to happen; however, it should get you a hearing.

He will need to prove his claim. IF his customary rate is $100/hour and he has 4.5 billable hours = $450. You have already paid $150 of that leaving a remainder of $300. However, I don’t think his normal rate will be $100/hr. and he will claim the $150 you paid was a consultation fee.

If he argues for the flat-rate charge I would clearly state that there was no discussion or written agreement that he would charge an additional $750 flat rate for the service provided and that is was your understanding that he would bill you at a rate of $100 per hour.

Many states and Bar Associations require client contracts to be in writing ... just for this reason. This will probably be your best defense.

 

[msuracer01]

If he has filed in small claims all you need to do is appear. If he has actually filed a complaint then you need to file an answer. If you have no retainer/contract agreement or did not sign anything about a flat rate charge you may have a claim. I would not retain an attorney for this as it will only increase the cost. Let the judge sort it out but remember he too was an attorney _lol

Without knowing what the complaint says it is difficult to say what needs to be in the answer. I would generally deny that any debt is owed and request that the complaint be dismissed with prejudice. This isn_t likely to happen; however, it should get you a hearing.

He will need to prove his claim. IF his customary rate is $100/hour and he has 4.5 billable hours = $450. You have already paid $150 of that leaving a remainder of $300. However, I don_t think his normal rate will be $100/hr. and he will claim the $150 you paid was a consultation fee.

If he argues for the flat-rate charge I would clearly state that there was no discussion or written agreement that he would charge an additional $750 flat rate for the service provided and that is was your understanding that he would bill you at a rate of $100 per hour.

Many states and Bar Associations require client contracts to be in writing ... just for this reason. This will probably be your best defense.

He filed in the District Court. Can my answer be in "laymans language" or do I need to file a legalese answer to his complaint? Are there any templates that I can find online to help? Thank you so much for your help, and how quickly you answered!

 

[SHORTY LONG]

Just spell it out as simple, and plain as possible. Also, take a look at this:
http://www.law.cornell.edu/uscode/html/uscode28/usc_sec_28_00001746----000-.html

Use the above twofold; one for your reply, and the other for your
"Certificate of service."

 

[HomeGuru]

What is the name of your state? Kentucky.
I have a lawyer suing me for a case he handled. He is suing for $750 flat rate not accounting for $150 I've already paid him. I want to negate the $750, provide proof that I've paid $150, and state that only $300 is owed based on what he originally charged ($150 for 1.5 hours, he only has 4.5 total hrs billable on this case). I have to file with the court by October 11th and don't know how to word it.

**A: also file a complaint against him with the Office of Disciplinary Counsel or similar regulatory entity.

 

[SHORTY LONG]

Outstanding, and superb advice in suggesting to file a complaint against him with
the Office of Disciplinary Counsel or similar regulatory entity.

 

[msuracer01]

**A: also file a complaint against him with the Office of Disciplinary Counsel or similar regulatory entity.

Would I file this complaint because he is not giving me credit for monies paid? I'm sorry, I am not understanding why this would be done. Should I wait to file this claim until the matter is settled, or do it now?

 

[HomeGuru]

Outstanding, and superb advice in suggesting to file a complaint against him with
the Office of Disciplinary Counsel or similar regulatory entity.

**A: thanks. That was the long and short of it.

 

[Rexlan]

He filed in the District Court. Can my answer be in "laymans language" or do I need to file a legalese answer to his complaint? Are there any templates that I can find online to help? Thank you so much for your help, and how quickly you answered!

Yes it can and you can even hand write it if you like. Copy the heading on his complaint where it has the names, Court, case number ,etc..

You can attach an affidavit basically saying what you said here and add in the bit about understanding that the charge was $100/hr or.... just an answer and general denial ... no reasons (yet). He will then need to prove his claim.

You must sign it and also cause delivery of a copy to him (probably should hand deliver it). File the answer AND the proof of delivery with the clerk. KY may not allow you to use a certificate of service as a Pro Se, but I would try it anyway and put hand delivered and the method. Just Google for certificate of service and you'll find it. Google is your friend

HomeGuru correctly points out the complaint you can lodge. Probably need to do that with the KY Bar .... and that will be quite an attention getter for him. If he did not fully disclose his "fees" he is in deep poop and the judge will likely take note. It may be a requirement in KY... You could even go so far as to call him and advise him that you intend to file a Bar Complaint since he has seen fit to file a Complaint in District Court unless he wishes to dismisses his complaint. You can not complain about a fee dispute’ however, you can complain about double dipping and especially about undisclosed fees. Here is the info, call for the current name:

xxxx, Chief Bar Counsel
Kentucky Bar Association
Kentucky Bar Center
514 West Main Street
Frankfort, KY 40601-1883
Phone: 502/564-3795 Fax: 502/564-3225

I would also suggest to him that since he failed to properly disclose his fees that he should consider accepting monies paid as full settlement and that you feel that no additional funds are owed as a result. That will really frost his rear, but he will know you're not an idiot and may take the deal. You can cause him a lot of heartburn if he is trying to stiff you and he will know that too.

Let us know how you come out ...