Someone I know recently paid an attorney a large fee for a service that the attorney did not complete.They are refusing to complete/process the paperwork and represent them in court as agreed upon because of a change in income to the person who paid the attorney.The agreement was to process the paperwork within 10-15 days of the fee payment,which has been exceeded,and now they are refusing service,and are not reimbursing.Who should they go to or what should they do?
2007-03-05 14:54:54 · 8 answers · asked by Angel 1 in Politics & Government ➔ Law & Ethics
I would look into filing a complaint with the State Bar Association.
2007-03-05 14:58:57 · answer #1 · answered by Anonymous · 2⤊ 0⤋
It's not entirely clear why the attorney refuses or is unable to perform on the contract; was there a written contract? Most states require one. The terms of the contract usually control. It's true that an attorney may not keep an unearned fee, but the key word is "unearned"; attorneys also sometimes keep disputed fees in their trust account until the matter is settled; some state bars have funds that will reimburse clients if the attorney wrongdoing is especially egregious; some attorneys also specialize in legal malpractice; can you afford to hire an attorney to make a call on your behalf to see what's going on? good luck.
2007-03-05 15:43:02 · answer #2 · answered by Lawrence H 1 · 0⤊ 0⤋
Your friend has all this in writing I assume so talk it to the state bar and go from there its against the law to be charged for something that never happened.
Remember the movie the Firm well if not rent it and you will see a bit on the subject.
2007-03-05 15:04:03 · answer #3 · answered by Arizona Chick 5 · 0⤊ 0⤋
this is a good question tell the lawyer office you will report them to the ethics committee for the state bar association based of ethics. This will get them moving very quickly they dont want something like this on their record with the bar association. If i Knew your state i could give you the number to the bar in your state since i dont just type in www.google.com and type in bar association and then your state it will pull up the website you can report their ethics there. Good luck
2007-03-12 13:55:48 · answer #4 · answered by d k 2 · 0⤊ 0⤋
Your friend can file a complaint with the state bar and/or filing a legal action for the return of the money paid.
2007-03-05 15:26:40 · answer #5 · answered by Carl 7 · 0⤊ 0⤋
i might combat this myself, first of all in NJ a late value could desire to be defined as “further lease” or words comparable Then the late value volume can't be unconscionable or some judges use criterion of reasonableness there is an unreported opinion Kuhn v. Hopkins, docket A 4507-97T1 (App. Div. Nov 13. 1998) which held a late value in a lease contract isn't enforceable if it does extra desirable than compensate the owner for the approximate somewhat damages led to by potential of the untimely fee of lease Plus iam be conscious specific the choose might even enable a according to deim value somewhat than a share there is likewise a case Mitchell v. first genuine materials equites, 287 NJ great 546 ( App div 1996) the place a seventy 5 dollar value on a month-to-month apartment of 650 replaced into severe i might take place to court docket, enable her spend majority of her day protecting the late costs and the criminal expert costs
2016-10-17 09:08:17 · answer #6 · answered by Anonymous · 0⤊ 0⤋
first go the district attn. and try to get this resolved with the idea
in their head that you will go higher if need be, more than likely they will have this resolved quickly you just have to persevere to get it resolved.
2007-03-05 16:15:42 · answer #7 · answered by barrbou214 6 · 0⤊ 0⤋
Now you know why this category, "Law & Ethics", is like "Night & Day", or "Sharks & Angels".
2007-03-05 15:02:47 · answer #8 · answered by Larry 6 · 0⤊ 2⤋