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Sneaky lawyer!!!!!!!!!! legal??

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notdumasilook

Junior Member
North Carolina here

Due to an incident I had some property seized by local law enforcement but no charges of any kind were filed. Consulted an attorney about how to get my property back. He painted a huge horror story about what I had gotten myself in to and went in to great detail about all the steps he would have to go thru to try to retrieve my property. It broke my heart... being worth 6000-8000 to me. Knowing the value of my property he told me he would do what he could to help but it would be costly with no guarantee... $3000.00. Told me he had to do a lot and file for a "disposition of property" with the courts. He asked for $$ down and said he would not do a thing until I handed him the rest owed... Gave him $100 for consultation and 1000 down on fee so now I owe him 1900 before he will begin. Fishy things started happening ..which I didn't realize at the time. I called his office a few days later telling them I ran across paperwork that changed the odds on getting property back ... telling them there was no need to proceed and requested at least part of the 1000 back. He called me back telling me he was already working on it and spent considerable time already. Then he told me not to stop now... property was too valuable!!. Again I said no... again he argued with me saying it was in my best interest to continue and to at least think about it a while and get back to him. I agreed so long as he stopped doing any more. He agreed. A few days later I get a letter and # to call from local PD concerning my property retrieval. I called.. and the PD told me there were a 2 steps that would happen then my property would be returned by a judge automatically, no attorney needed.
Im shocked!!!!!! Contacted my "lawyer" to ask WTH is he up to and before I get it out of my mouth he tells me he has another "update" on my case. Says he discussed matter with police and he has to file a disposition order with a "judge" to try and get my property back right away and wants the rest of the 3000. Told him that was BS... that I had spoken to the PD as well and no Disposition order was needed... and that I want my 1000 back. He told me he had done lots of work on this already and would not return my 1000. So Im contacting you. Methinks I got me a crook. What do I do??
 


LdiJ

Senior Member
North Carolina here

Due to an incident I had some property seized by local law enforcement but no charges of any kind were filed. Consulted an attorney about how to get my property back. He painted a huge horror story about what I had gotten myself in to and went in to great detail about all the steps he would have to go thru to try to retrieve my property. It broke my heart... being worth 6000-8000 to me. Knowing the value of my property he told me he would do what he could to help but it would be costly with no guarantee... $3000.00. Told me he had to do a lot and file for a "disposition of property" with the courts. He asked for $$ down and said he would not do a thing until I handed him the rest owed... Gave him $100 for consultation and 1000 down on fee so now I owe him 1900 before he will begin. Fishy things started happening ..which I didn't realize at the time. I called his office a few days later telling them I ran across paperwork that changed the odds on getting property back ... telling them there was no need to proceed and requested at least part of the 1000 back. He called me back telling me he was already working on it and spent considerable time already. Then he told me not to stop now... property was too valuable!!. Again I said no... again he argued with me saying it was in my best interest to continue and to at least think about it a while and get back to him. I agreed so long as he stopped doing any more. He agreed. A few days later I get a letter and # to call from local PD concerning my property retrieval. I called.. and the PD told me there were a 2 steps that would happen then my property would be returned by a judge automatically, no attorney needed.
Im shocked!!!!!! Contacted my "lawyer" to ask WTH is he up to and before I get it out of my mouth he tells me he has another "update" on my case. Says he discussed matter with police and he has to file a disposition order with a "judge" to try and get my property back right away and wants the rest of the 3000. Told him that was BS... that I had spoken to the PD as well and no Disposition order was needed... and that I want my 1000 back. He told me he had done lots of work on this already and would not return my 1000. So Im contacting you. Methinks I got me a crook. What do I do??
If you feel like you have a viable complaint you can report him to the state BAR association.
 

quincy

Senior Member
North Carolina here

Due to an incident I had some property seized by local law enforcement but no charges of any kind were filed. Consulted an attorney about how to get my property back. He painted a huge horror story about what I had gotten myself in to and went in to great detail about all the steps he would have to go thru to try to retrieve my property. It broke my heart... being worth 6000-8000 to me. Knowing the value of my property he told me he would do what he could to help but it would be costly with no guarantee... $3000.00. Told me he had to do a lot and file for a "disposition of property" with the courts. He asked for $$ down and said he would not do a thing until I handed him the rest owed... Gave him $100 for consultation and 1000 down on fee so now I owe him 1900 before he will begin. Fishy things started happening ..which I didn't realize at the time. I called his office a few days later telling them I ran across paperwork that changed the odds on getting property back ... telling them there was no need to proceed and requested at least part of the 1000 back. He called me back telling me he was already working on it and spent considerable time already. Then he told me not to stop now... property was too valuable!!. Again I said no... again he argued with me saying it was in my best interest to continue and to at least think about it a while and get back to him. I agreed so long as he stopped doing any more. He agreed. A few days later I get a letter and # to call from local PD concerning my property retrieval. I called.. and the PD told me there were a 2 steps that would happen then my property would be returned by a judge automatically, no attorney needed.
Im shocked!!!!!! Contacted my "lawyer" to ask WTH is he up to and before I get it out of my mouth he tells me he has another "update" on my case. Says he discussed matter with police and he has to file a disposition order with a "judge" to try and get my property back right away and wants the rest of the 3000. Told him that was BS... that I had spoken to the PD as well and no Disposition order was needed... and that I want my 1000 back. He told me he had done lots of work on this already and would not return my 1000. So Im contacting you. Methinks I got me a crook. What do I do??
You file a grievance with the State Bar if you have good reason to believe that your attorney acted unethically or illegally in the handling of your legal issue. You can use the link provided in the post above.

But before filing a complaint, you should read over carefully the contract you signed with the attorney and you should ask the attorney to provide you with a detailed accounting of all that he has done on your behalf and how much he has charged for all.

Here is a link to North Carolina's law on seized property and its return (NCGA section 15-11.1):

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_15/Article_2.pdf

Because there can be more than just a little work to do to obtain the release of seized items, it is possible your attorney has actually been earning the money you paid him for his services.

Facts will always matter.

I recommend you make an appointment with your attorney to sit down and discuss his fees and the reasons for them, this before you write him off as "a crook" or "shady."

Good luck.
 
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LdiJ

Senior Member
You file a grievance with the State Bar if you have good reason to believe that your attorney acted unethically or illegally in the handling of your legal issue. You can use the link provided in the post above.

But before filing a complaint, you should read over carefully the contract you signed with the attorney and you should ask the attorney to provide you with a detailed accounting of all that he has done on your behalf and how much he has charged for all.

Here is a link to North Carolina's law on seized property and its return (NCGA section 15-11.1):

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_15/Article_2.pdf

Because there can be more than just a little work to do to obtain the release of seized items, it is possible your attorney has actually been earning the money you paid him for his services.

Facts will always matter.

I recommend you make an appointment with your attorney to sit down and discuss his fees and the reasons for them, this before you write him off as "a crook" or "shady."

Good luck.
IF he is able to get his money back without the attorney, and IF he makes a complaint to the BAR, the BAR will investigate and determine if his complaint is viable or not.

Honestly? The attorney sounds potentially shady. The attorney was specific that he would do nothing until the full 3k retainer was paid and when the OP changed his mind and wanted the 1k he paid back the attorney then claimed he had already done considerable work. That is totally contradictory and therefore shady.
 

Taxing Matters

Overtaxed Member
IF he is able to get his money back without the attorney, and IF he makes a complaint to the BAR, the BAR will investigate and determine if his complaint is viable or not.

Honestly? The attorney sounds potentially shady. The attorney was specific that he would do nothing until the full 3k retainer was paid and when the OP changed his mind and wanted the 1k he paid back the attorney then claimed he had already done considerable work. That is totally contradictory and therefore shady.
Perhaps. But then we are only getting one side of the story, too. In any event, to the extent that the lawyer really did do work on it he is likely entitled to his fee for that. The lawyer certainly should promptly refund any unused retainer, of course.
 

quincy

Senior Member
IF he is able to get his money back without the attorney, and IF he makes a complaint to the BAR, the BAR will investigate and determine if his complaint is viable or not.

Honestly? The attorney sounds potentially shady. The attorney was specific that he would do nothing until the full 3k retainer was paid and when the OP changed his mind and wanted the 1k he paid back the attorney then claimed he had already done considerable work. That is totally contradictory and therefore shady.
Possibly.

But a grievance should not be filed with a State Bar against any attorney unless/until the client can articulate a specific complaint or complaints. That the client "thinks" the actions of their lawyer might be shady or sneaky or crooked is not a specific complaint. And it is best if the client has good documentary or other evidence to support the complaint.

This is one reason why, when a client has issues with his attorney, he should give the attorney an opportunity to explain what he has or has not done, and why, and why the fees charged are what they are.

If the answers are not satisfactory, THEN a grievance can be filed. It is important to find out first if there is a legitimate reason for one.
 

bluewaterjones

Junior Member
Unbelievable!

Well... not entirely. I've dealt with sneaky lawyers in the past. Not all are bad, and there are many good ones out there. The biggest problem I see in this profession is that an attorney's income is not aligned with their performance. So my recommendation is to always get a personal reference. I resorted to learning the law myself, so I could file my own claims. Hope it works out for you.
 

quincy

Senior Member
Well... not entirely. I've dealt with sneaky lawyers in the past. Not all are bad, and there are many good ones out there. The biggest problem I see in this profession is that an attorney's income is not aligned with their performance. So my recommendation is to always get a personal reference. I resorted to learning the law myself, so I could file my own claims. Hope it works out for you.
Right. The most expensive lawyer is not necessarily (or even usually) the best lawyer for your needs.

Cost is only one factor out of many that needs to be considered when hiring an attorney. Personal references can be helpful.

Learning the law well enough to file your own claims is nice if you have the time and the ability to do so. But unless you are in a legal profession, you hopefully won't have to use that knowledge for more than one claim in your life. :)
 

notdumasilook

Junior Member
IF he is able to get his money back without the attorney, and IF he makes a complaint to the BAR, the BAR will investigate and determine if his complaint is viable or not.

Honestly? The attorney sounds potentially shady. The attorney was specific that he would do nothing until the full 3k retainer was paid and when the OP changed his mind and wanted the 1k he paid back the attorney then claimed he had already done considerable work. That is totally contradictory and therefore shady.[/QUOTE

Note I'm getting property back, not $$. The property is firearms. After seeing the attorney and giving him $1,100.00 total I received a letter from CMPD Property Division with a number requesting a call from me. Called them and they were the ones that told me my firearms would be returned following an "ATF" check. If all came back legal (and they are) I get them back in a few weeks. There is no need for an attorney to even get involved. He should have known that or had access to that knowledge at our consultation. Also, there was no contract. All the contact we had was the initial consultation and 2 brief phone calls. Also, I downloaded the Property laws here and indeed there is no "disposition" hearing involving evidence/testimony or attorneys.
 

quincy

Senior Member
Note I'm getting property back, not $$. The property is firearms. After seeing the attorney and giving him $1,100.00 total I received a letter from CMPD Property Division with a number requesting a call from me. Called them and they were the ones that told me my firearms would be returned following an "ATF" check. If all came back legal (and they are) I get them back in a few weeks. There is no need for an attorney to even get involved. He should have known that or had access to that knowledge at our consultation. Also, there was no contract. All the contact we had was the initial consultation and 2 brief phone calls. Also, I downloaded the Property laws here and indeed there is no "disposition" hearing involving evidence/testimony or attorneys.
The additional information helps.

You can take advantage of the link provided earlier on filing a complaint with the NC Bar.

I am surprised by a lot of what you say, including the fact that you had no contract with the attorney that engaged his services. The Bar will investigate.

Be sure to make your complaints specific and support all statements with evidence as best you can.

One thing you might want to keep in mind, though, is that you were the one who sought out the attorney's help. A retainer is normally requested to obtain this help.

Good luck.
 
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notdumasilook

Junior Member
The additional information helps.

You can take advantage of the link provided earlier on filing a complaint with the NC Bar.

I am surprised by a lot of what you say, including the fact that you had no contract with the attorney that engaged his services. The Bar will investigate.

Be sure to make your complaints specific and support all statements with evidence as best you can.

One thing you might want to keep in mind, though, is that you were the one who sought out the attorney's help. A retainer is normally requested to obtain this help.

I understand that, but he was suppose to at some point tell me I did not need an attorney. Understand there is no provision in the law that I "file" for anything at all. There is no hearing for me to show up to and there is no provision for appeal after judge rules.
Know also that my last call with him before I got it across to him I did not need his services (firing him) he asked for the rest.. 1900 to file the deposition "with a judge". See... at this point he didn't know I got the info on procedure from CMPD Property... the SAME people he talked to. Point is he lied to me to get me to give him $$ to begin with then found out I was getting guns back anyway.... wanted to keep up the BS, collect from me... and end up my hero for doing nothing. Boggles the mind!!!!!!!!!
 

quincy

Senior Member
I understand that, but he was suppose to at some point tell me I did not need an attorney. Understand there is no provision in the law that I "file" for anything at all. There is no hearing for me to show up to and there is no provision for appeal after judge rules.
Know also that my last call with him before I got it across to him I did not need his services (firing him) he asked for the rest.. 1900 to file the deposition "with a judge". See... at this point he didn't know I got the info on procedure from CMPD Property... the SAME people he talked to. Point is he lied to me to get me to give him $$ to begin with then found out I was getting guns back anyway.... wanted to keep up the BS, collect from me... and end up my hero for doing nothing. Boggles the mind!!!!!!!!!
You hired the attorney and the attorney had to spend time researching your situation to see if your property was even eligible for release and return. If you read the information in the link I provided to the law on seized property, return of the property is not always as easy as you say it is in your case.

So the attorney is entitled to pay for this time.

Beyond that, the Bar will investigate your complaint to see if you were overcharged or over billed for the services he performed on your behalf, and if you are due a refund.

Some attorneys are better than others. It sounds as if you hired one of the less-good ones.

Good luck.
 
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