Posted by New Calif Investor on May 11, 2009 at 18:22:43:
Paid double the initial estimate in legal fees, but is only 40% of the billed fees.
Accepted lawyer’s offer and he reneged - Posted by New Calif Investor
Posted by New Calif Investor on May 11, 2009 at 18:19:43:
The quick version.
I wanted a lawyer to simply watch a probate go through. I owned 2/3rds of the estate. He insisted that the heir in priority position to administer the estate would easily be removed if we contested the appointment. The bill soon grew to 3, then 4, then 5 times the initial estimate. The lawyer repeatedly offered to give me the file and make the bill go away. I finally accepted his offer and he acknowledged the agreement (all verbal) and mentioned there would be a “nominal recording fee” for the most recent documents but this cost would be “inconsequential”. The next morning I memorialized the agreement in writing and sent it to him via e-mail and dropped off a $1K check to his office for the “nominal” recording fee. He started making more creative offers (changing the fee agreement to contingent fees). The case had gone so far sideways that over lunch we had again agreed the file would be delivered and the billing would be zeroed out. We shook hands and I went to the office and picked up my file. After one week the founding partner sent a payment demand letter along with an arbitration package. His letter acknowledge the offer to make the bill go away was repeatedly made but said I did not accept the offer soon enough.
What do you think?
CA Bar Ass’n Complaint - Posted by John Merchant
Posted by John Merchant on June 28, 2009 at 18:29:16:
Find that lawyer’s local CA Bar Ass’n Grievance Committee and file a grievance.
The CA Bar Ass’n will be divided into districts or regions and each will have its own grievance committee just for situations like this, so find your local bar ass’n and go from there.
I’m thinking that Griev. Comm. is sure not going to like what the guy’s done to you…if you can prove what you say.
reposted w more detail - Posted by New Calif Investor
Posted by New Calif Investor on May 15, 2009 at 23:46:52:
The lawyer estimated a price and estimated a percent of chance of winning as well as estimated time frame to complete this “slam dunk” routine process.
After the first two months the bill was nearly double the estimate. Of course I cried like a baby. Reminding him that I did not want to challenge simply have counsel watching the process go through. Letting the others do the “heavy lifting”.
He started with the " If you don’t feel I have assessed the file correctly you can take your file and I’ll make the bill go away, but we have completed all the pleadings and next hearing the Judge should rule in our favor, we’re right at the finish line!"
We had similar discussions for the next 5 months! Each month the same old “If you don’t feel I have assessed the file correctly you can take your file and I’ll make the bill go away, but we have completed all the pleadings and next hearing the Judge should rule in our favor, we’re right at the finish line!” Around January he started adding “We’re killing him, the Judge is just throwing him a bone so when he rules in our favor next hearing everyone will think the ruling is fair.”
Well when my attorney corrected his fudged up pleadings and the Judge set trail for 90 days away, making time for discovery. I felt it was time to accept the “take your file and I’ll make the bill go away” offer. The offer was made again, this time I accepted, the lawyer stated with shock and awe this would be fine just an $8 court filing fee and a $15 fee for the County Recorder that he wanted me to reimburse his office. He was to check on the exact amounts and assured me the fees would be "nominal’ and reassured me the final payment request for the filling/recording would be an “inconsequential cost.”
The next morning I memorialize the agreement via e-mail and added I would drop off a final payment check of $800 to his office and was expecting the file to be ready for my pick up and a release ready for me to sign removing him from the case.
I think this is just more words describing the same thing, but possibly it clarifies the situation a bit for you. There are details that could fill a novel, but this is the basics of the offer, acceptance, and consideration paid; the essential components of a contact verbal or written.
TIA
Re: Accepted lawyer’s offer and he reneged - Posted by Rick, the Probate Guy
Posted by Rick, the Probate Guy on May 14, 2009 at 15:19:10:
Explanation is still pretty muddy to me. You’d do well to post a really, really simple version of the story then maybe go back and elaborate further in your explanation. Some of your comments are real head-scratchers for me, too.
Managing expectations is always a difficult thing in legal matters, especially ones that have to be mitigated (negotiated) or litigated (sued).
I like to think that I have great relationships with all of my attorneys however, as a lay person, I don’t understand what they’re doing much of the time. Consequently, I’m acting in blind faith, which is mighty hard to do when the bills are coming in an progress is not forthcoming.
Also, many attorneys talk a good hunt but I know darn well that they’re guessing at what their gameplan is.
Lastly, it ain’t over 'till it’s over. That means, until the settlement or appeals period is over, lots can and does still happen. It’s frequently not as easy as people say something is. Cases are not as clear-cut as we’re told they are. And they’re certainly not the slam-dunk verdicts that some attorneys would tell you because if they were, they wouldn’t have to take your retainer money.
Never assume that, just because some attorney say that a matter is going to be simple, that it will. It’s for the same reason that Doctors don’t tell you that the medicine tastes bitter or the recuperation period is really longer and more painful than advertised.
Care to re-post the basics?
Re: Accepted lawyer’s offer and he reneged - Posted by BTI
Posted by BTI on May 12, 2009 at 11:23:47:
New Ca Investor
Nothing new here, this kind of lawyer is a dime a dozen in California. I know of cases that would want to make you throw up, at what lawyers have gotten away with. I would have given you the name of a lawyer that loved suing other lawyers and was very, very successful but alas he has passed on.
So unless you can find a similar type of lawyer with that practice in your area your basically stuck with filing a formal complaint with the state bar, which is like asking the head fox to rule against the other foxes raiding the hen house.
I would just like to caution you that you make it a point to document everything from now on no matter how small, and get it all in writing before you agree to and sign anything, and make sure it is in English and not legalese.
The track record of this scum indicates his word is a useless piece of crap, and he probably shook your hand so he could get it closer to your wallet and watch. Did you check your pockets afterward and see if everything was still there? Ring still on your finger?
Probably worked his way through law school as a used car salesman at honest johns Car Lot. No, I take that back his level of ethics don’t seem that high. I would also ask in writing for a detailed bill of every billable hour and expense, and you shouldn’t be billed for it. I know the bill is right trust me, Ha!
BTI
Re: Accepted lawyer’s offer and he reneged - Posted by Edwin
Posted by Edwin on May 11, 2009 at 19:16:23:
Sounds like the lawyer was a bit sloppy in his accounting, although i admit I don’t understand much of what you wrote. You mention a “nominal recording fee” for which you paid him $1,000? I don’t get it. I suggest you complain to the State Bar if you can’t work this out with him.