Please help, ethics, cancelling representation, etc

[music12]

No what I meant was the new attorney said there is no paperwork needed to do that. So I just go tell the old attorney to discontinue services and the new one will just trust me that I did that?

I'm not sure how to word this exactly.


New guy also told me when this is all done, just come in and start over like I never went to anyone else.

If thats the case I'll do this in the morning and I'll be filling out the new attorneys paperwork packet within 24 hours.

probably what's going on is that the new attorney is supposed to have a reason to believe you fired your prior attorney, so that if anyone challenges him on it he can say that the client told him the prior attorney was fired, and he believed the client. that's enough for him. he doesn't really care if you did fire him or not, he just wants to cover himself. also, he doesn't have anything in writing that says that you did hire that other lawyer, which is probably why he doesn't need anything in writing that says you fired him.

in any event, don't worry so much about it. just fire the old one and hire the new one in as stressless a way as possible, which i think is probably calling the old one and telling whoever picked up the phone that you don't want to work with him, as OhioFiler just suggested here... or call off hours and leave a message, which is probably even less stressful.

[tinfoilhat]

I just got a call from the secretary, she actually called me to get information for pulling up a credit report. I said I no longer want to use his services, and she said since I'm paid in full I might as well come in on the 9th and try to work something out that I'm comfortable with. I just told her a few more times and the answer was to just come in on the 9th. She said she'd tell him about my concerns. I said I just don't want anymore charges.
I guess I'll never see ANY of that $1500. Right this moment someone is pulling up my credit report and putting time into my case and I can't stop them. I'm not even mad, I'm hopeless, I can see why people get shot and robbed. This guy is legally robbing me, and I can't even talk to him to get things to stop because it all has to go through a phone answerer who won't do anything.

[music12]

I just got a call from the secretary, she actually called me to get information for pulling up a credit report. I said I no longer want to use his services, and she said since I'm paid in full I might as well come in on the 9th and try to work something out that I'm comfortable with. I just told her a few more times and the answer was to just come in on the 9th. She said she'd tell him about my concerns. I said I just don't want anymore charges.
I guess I'll never see ANY of that $1500. Right this moment someone is pulling up my credit report and putting time into my case and I can't stop them. I'm not even mad, I'm hopeless, I can see why people get shot and robbed. This guy is legally robbing me, and I can't even talk to him to get things to stop because it all has to go through a phone answerer who won't do anything.

it sounds to me like the secretary is trying to keep you as a client, and to keep your money, which probably means this lawyer isn't getting very much business. bk lawyers these days who are any good should be triple busy with everybody filing. your gut feeling to leave this guy is probably right on target.

looks like you need to write a certified letter, or better yet, write a letter and hand-deliver to the secretary. bring two copies have her sign on your copy. make sure to ask for a full refund and mention that you have already previously told them orally that you do not want their services. if the letter doesn't do it, call the bar association.

you are not being legally robbed. you are being illegally robbed!

good luck

[mynextlife]

Since you have already paid the old atty in full it would not hurt to go in on the 9th and discuss your concerns. (Just to be on the safe side....you can type up a letter in stating that you no longer wish to utilize his services and request a refund...of course he has to provide an itemized bill of his expenses thus far). If after you meet, you still don't want to use him, give him the letter and request the unused portion of your retainer back. If he has not prepared the petition then his leg work should be limited to pulling a credit report and meetings with you. Good luck!

[tinfoilhat]

Screw it, I called attorney 1 who I retained for $300 and he actually answered the phone! wow, I told him I don't need his service and he said thats perfectly fine, it's my decision, etc.
I'm driving to the other one soon.

[music12]

why not ask the first one for the $300 back? he might give it to you, who knows!

i would try to avoid a lengthy discussion with the one you are trying to fire so he won't charge you for any more time. when the secretary said you already paid in full, so might as well come to the meeting, she was trying to get you to stay as his client and use his services. you want your money back so saying you are paid in full is misleading.

[teacher]

I'm sorry that you're having as much trouble as you are. I don't have any advice, because it sounds like you have a plan. I hope it works out okay.

[OhioFiler]

If you are not going to retain the attorney you already paid you're not going to get a refund. The invoice you linked clearly indicates your payment in non-refundable.

If you're not going to use his services you are wasting your time visiting him again. Write it off as a poor decision and move on.

[music12]

If you are not going to retain the attorney you already paid you're not going to get a refund. The invoice you linked clearly indicates your payment in non-refundable.

that is incorrect! the statement in the invoice that the payment is non-refundable is against ethics rules and UNENFORCEABLE. the client did not sign it and did not agree to it. putting it there is the equivalent of stealing. if the lawyer tries to enforce this so-called non-refundability, he should get into lots and lots of trouble. it's a classic way of cheating innocent people out of their money, and it's illegal.

[OhioFiler]

that is incorrect! the statement in the invoice that the payment is non-refundable is against ethics rules and UNENFORCEABLE. the client did not sign it and did not agree to it. putting it there is the equivalent of stealing. if the lawyer tries to enforce this so-called non-refundability, he should get into lots and lots of trouble. it's a classic way of cheating innocent people out of their money, and it's illegal.

Who are you going to retain to sue him?

If it was a mistake, move on.

[tinfoilhat]

Well I didn't go anywhere yet, after I posted that a friend showed up at the door to give me about $250 worth of good used car parts. (good for cash/private sale if needed)

Haven't seen him in a while, he was in a motorcycle accident and got a $300,000 settlement, paid cash for a house, etc.
I did talk to him and even he file bk before in '99
I guess his girlfriend did all the work because he didn't have too much to offer.

So I really don't know what to do. I AM NOT using this attorney period.

I typed up a list of this guys rudeness I sensed in my first visit but never hit the post reply button here.

First words we had: I asked him how he was doing. He said not so good. (apparently the computer froze as his help was putting my info in or something so he came in to look at it--nice intro huh?
Second he asked how I was spending my money, I mentioned new glasses for $275 he looked at me funny and said we just got two pair for $65 (I have my receipt)

Then after the consultation was over I said so thats it (as in thats all we need to discuss, but he took it as time wise) he said yep, we lost a little due to a computer glitch so I'm a little behind now.

The guy is not personable at all. Someone ('Hub) earlier mentioned ethics and how they all play golf together, this guy has no friends, he knew he walked all over the guy I retained and didn't care. I kind of feel bad for letting that guy go. He knew who I was somehow and I called from a blocked number. It wouldn't surprise me to get my retainer back in the mail, but I know thats a daydream I should forget about.

I don't know what to do about firing this guy saying what I just said above, if he gave me $500 back and file a chapter 7 I'd still feel uncomfortable with him.
I just don't know what to do now. I'm thinking cancel thursday so he doesn't have an hour set aside for me and fixing his PC, but yet the only avalable person is his secretary, and she's just a message sender, I need a decision maker.

I'm sorry that you're having as much trouble as you are. I don't have any advice, because it sounds like you have a plan. I hope it works out okay.

Thats weird, you say you have no advice but your post makes me feel a little better, thank you for sending it.
And thanks to everyone for the help, if anything else comes to mind please post it.

[music12]

OhioFiler, you are right practically speaking. however, the bar association does sometimes help in situations like this. they exist to resolve fee disputes just like this one, so that you wouldn't have to go retain someone to sue your own lawyer. as a result, sometimes lawyers refund some reasonable portion of fees so as not to be reported to the bar. let's stay tuned and see what happens in this case...

[tinfoilhat]

Well it looks like a discussion has started while I was typing.

[OhioFiler]

Well it looks like an arguement started while I was typing.

Where? I'm not arguing with music12.

This attorney would easily be able to justify a good portion of the $1,500 is already billable. Then the balance would be quite time-consuming and exhaustive to recover. To me it's not worth it. Part of my fresh start would include putting this clown behind mw.

[music12]

tinfoilhat, you already told his secretary that you are not interested, and she told you she would tell him. therefore, you are done with telling him you don't want his services any more.

to be clear, you can write a very simple short letter confirming it. (dear so and so, as I already mentioned several times to your secretary, I have decided to retain other counsel and I will not be using your services. Please refund my retainer as soon as possible. Thank you.) you can fax it and/or send certified and/or hand-deliver. meanwhile, go to your new lawyer and get started. the refund, if it comes, will take some time. or who knows, maybe the trustee will get annoyed at the unreasonableness of multiple fees and will get them back for you.