Reasonable Time Frame for Return Phone Call

[kismetique]

What is the name of your state? Texas

Before I get totally fed up, I thought I would ask if I'm being unreasonable in my expectations.

I have an attorney (signed contract w/retainer fee), who will NOT return phone calls or emails. Several months back, I called and left messages for 5 weeks before getting a return call.

3 Weeks ago, I finally had to tell his Secretary - look, it's his money too! I'm fixing to file some papers myself - without his input if he doesn't call me back! - 2 days later, he called.

July 1 we received a letter from my x-employer with a finding (trying to settle the issue internally). He said he would contact me after the 4th holiday and we would decide what our next course of action was. I called on 5th, 7th, 9th and sent emails on the 6th and 9th. No response, NADA!

In that my x-employer doesn't seem to understand the issues - I need to file a suit in order to stop the clock (FLSA issues) - I've already wasted time trying to settle in house, now every day that passes is another that I may not be able to collect on - unless they are found willful (which I think they are).

I'm only asking for about a 5 minute conversation - that's it!
Am I being unreasonable?
Should he have called me back by now?
Any suggestions or techniques to light a fire under him?
Or any suggestions on what to do now?

I have written a letter outlining my concerns and asking if perhaps he has just gotten too busy to represent me. Should I go ahead and mail it?

Thanks!

 

[stephenk]

Forget phone calls and emails. Set an appointment to see him discuss all of your questions and case strategy. if you can't get an appointment, start looking for another attorny.

 

[kismetique]

Thank you for your reponse.

Great advice....only if I can't get him to either answer my call or return my call, I can't very well make an appointment to see him. His secretary is as guarded as he is - won't take my calls. Thought about telling the receptionist I was someone else calling!

I've decided he isn't too interested in my case any more. Sure wish he had the ethics to be up front with me about it.

I've already started looking! Contacted another attorney today.

Next question - my contract says he has put a lien against any settlement. Does that stay irregardless of me firing him? Or can I get him to lift that with a little nudging? I don't really suspect he has actually filed a lien - is it wording just in case?

Thank you again for your time!

 

[bearflag70]

Fire the attorney. That's no way to treat a client.

However, the attorney should get paid for work done. Perhaps ask for the billing records and consider paying a reasonable hourly rate.

 

[kismetique]

I couldn't agree with you more! I would love to fire him, but the contract I signed said he now has a lien against any settlement I get on the matter. If I fire him, is that null and void? Probably not.

So...I have to wonder if he knew he wasn't going to fulfill his end of the bargain from the beginning and placed a lien where he would get paid irregardless of what services he provided or didn't provide.

As far as paying him, I had to put up a $2K retainer - In my opinion, there is no way he has used this up. When we go to meetings, he doesn't know the details of the case, he never speaks or defends me as to what is being said. I would say he has put in 12 hours at the VERY VERY most on this case - and I'm estimating extremely high, giving him the benefit of the doubt.

BTW - it has now been over 2 weeks and I still have not heard a word from him. The least he could do is to drop the lien and tell me he no longer wishes to represent me.

Any ideas on how to get him to release the lien?