What can I do if my former attorney is threatening to file harassment charges against me and keeps stating he will go to the police?

Question

My ex lawyer, (who represented me in a criminal case which was dragged out for one year in which finally the judge dismissed all the charges against me because it was going on 12 months and complaining witness who falsely accused me of harassment in the 2nd degree, never showed up once). Is threatening me to file harassment charges against me and keeps mentioning he will go to the police and get an order of protection against me. I called him several times to speak about requesting a refund. He kept hanging up on me, and so I would wait a  period of time, and then call him again. I gave him over $10,000 because I thought and believed every word he said, when he told me he had filed numerous written motions for my case, requests for hearings, etc. I found out from court, that there we no motions submitted on my case, there were no requests for hearing, and there was actually nothing submitted on my case. My case was dragged out for over a year, when the complaining witness never showed up once. I only paid him all of this money, because I believed all this work was constantly being done. and when I found out the truth and called him to speak about this, he got very angry at me and was being cruel to me, and when he was done shouting at me, he said if I call him again or text him again/email, etc. he will contact the police and get an order of protection against me. I don't know what to do or how to communicate with him if he is refusing. I was trying to go to him directly instead of going to the bar association and give him the benefit and courtesy of that, but he is making this impossible. What can I do? Thank you.

Erven Nelson · Answer

Your attorney's conduct is unethical and reprehensible.  You should contact the Nevada State Bar and file a fee dispute.  You could also hire another attorney to handle the matter.

Lisa Hurtado McDonnell · Answer

I think you should Report him to the State Bar Association.  They will investigate and possibly get the attorney to refund some of the money you paid him.

Ronald A. Steinberg · Answer

File a grievance with the grievance commission.  Whether or not you are entitled to a refund depends on the terms of the hiring.  If you were paying him hourly, you may be entitled to a refund (or he may be entitled to charge you more money).   If you paid for the job, then you are not entitled to a refund.

J. Michael End · Answer

You have given him a chance to make it right.  Go to the local bar association or the Wisconsin Bar Association and file a grievance.  They will investigate and determine who is right

Amanda Johnson · Answer

Let's see!  You were accused of harassment which you claim was a false  accusation yet your former lawyer is also accusing you of harassment.  I  think someone has an issue observing proper boundaries.  In any event,  if your attorney is being a jerk - file a grievance against him along  with a fee dispute to the State Bar.  For future reference when someone  tells you to stop contacting them that should be your clue to seek other  alternatives to resolve your dispute.  If you do that, you will find the  instances of 'false accusations' of harassment against you will drop  significantly.

Alexis Anne Plunkett · Answer

Your only option is to file a fee complaint with the state barstop calling your former attorney!  You probably entered into a flat-fee retainer agreement with the attorneymeaning he is entitled to keep the entire retainer without regard to how many or how few hours he worked on your case.

Georges Shers · Answer

Send him one short, last e-mail that if he continues to refuse to discuss whether he is entitled to charge what he did you have no choice abut to go to the State Bar. Then give him a week and do it

Mark T. Peters · Answer

File a complaint with the state bar.  The bar will investigate for you.

Mark Leonardo · Answer

You can either send him a certified letter (or perhaps Priority Mail with delivery confirmation, or Fed Ex, etc.) making a demand for a substantial refund for all of the reasons you cite below, or you can hire another attorney to write him a letter to make the demand on your behalf.  The lawyer is not permitted, however, to make a threat to go to the State Bar if he does not comply.  His threats of harassment are inappropriate and not warranted.  Your other option is to simply write to the State Bar to file a complaint.

James Kelaher · Answer

Request that he agree to the case being heard by the Florida Bar fee arbitration committee.

Geoffrey MacLaren Yaryan · Answer

The retainer agreement you signed determines how the attorney is to be   compensated and what his responsibilities are regarding your defense.  You are  not entitled to a refund unless he failed to comply with that agreement.   Generally, criminal cases are based on a flat fee, which doesn't depend   specifically on how many hours or specific work is devoted to you case.   Hypothetically, the flat fee can cover one hour of work, or 1000 hours, if the  end  result is what is promised which usually is the attorney devoting his  best  efforts to your defense. Since the end result was favorable I don't see how   you can demand a refund unless the contract specified certain motions would  be  filed and were not, which generally it would never do unless they were   obviously necessary and apparently they were not.

William Makler · Answer

It's more than obvious that you should contact the local bar association and/or the State bar association to request assistance.  Fee arbitration is one of their main functions.

John Brennan · Answer

Your case was dismissed, which was the best result possible.  I would have to look at the retainer agreement, but doubt that you have a viable cause of action, or understand what might have been going on behind the scenes.  I doubt you would have been happier if the witness showed and your were forced to trial, even if you were found not guilty.  Of course there is the possibility it could have gone to trial and your convicted. If you really think you were wronged hire another attorney and sue for a refund, or file a complaint with the bar association.  Clearly your prior counsel is not going to yield to the threat of your doing so.

Wayne Wimer · Answer

If you think that you have been lied to and mislead by your attorney, file a complaint with the Washington State Bar Association and ask that they investigate the matter.

Joseph Silverzweig · Answer

Your attorney's behavior is completely unprofessional and unjustifiable. If what you've said here is true, there is no need to give him any courtesy. Attorneys hold the lives of their clients in their hands and need to respect how important their job is. You should go to the bar immediately and file a complaint. You should also seek out an attorney who specializes in bringing attorney malpractice claims and see if they feel your case is worth taking on; attorneys carry malpractice insurance that should be able to get you your money back.  I'm so sorry that you had to go through this, there is little worse than putting your trust in someone and having it betrayed. I wish you the best of luck.

Andrew Velonis · Answer

As I understand your statement, he got the case dismissed.

Paul Whitfield · Answer

Your anger may be your whole problem. You paid him to help you in a criminal case. In a criminal case the lawyer files what he thinks will help. He may file many or no motions. Does not matter. You don't pay him for generating paper. He might file a phone book of paper and never help. The cases were finally dismissed after he spent a year helping you. What is the problem. You say you cant find paper he says he prepared? What difference does it make. The cases are over. His job is done. you seem to be harassing him thinking you will get your money back. The bar probably has a fee grievance committee. Report it to them and let them look into it, or maybe just ask your lawyer to send you copies of anything he filed don't harass him by phone or otherwise. that is not the way to handle this even if it were a problem

Gary Platt · Answer

You already know what to do.  Contact the State Bar of  California and make  a formal complaint.  Nothing less will cause the  attorney to do anything  else for you.

Michael Yurasov-Lichtenberg · Answer

You might, of course, keep calling your attorney's office and asking for a refund. It is not likely that he would press charges of harassment against you. But it is even less likely that he would return your money.  Bar association cannot and will not help you. The organization that can take your complaint is the Disciplinary Committee of the Supreme Court of the State of New York.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

What can I do if my former attorney is threatening to file harassment charges against me and keeps stating he will go to the police?

19 ANSWERS

Find Local Criminal Law Lawyers

Helpful Resources

Ask a Lawyer