QUESTION
Do I have legal rights and claim to file charges against my lawyer?
Asked on Oct 17th, 2012 on Criminal Law - Montana
More details to this question:
I paid this lawyer a $1000 to represent my husband in a criminal matter. His fee for the case was originally $2500. I paid him he never showed up for court and my husband was sent to jail. He never filed any paperwork or anything. I asked him to return my money he said no and to write the bar. Is there something I can do?
22 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Write the bar.
Answered on Oct 23rd, 2012 at 4:00 PM
Michael J. Breczinski
Take him at his word and write the Bar they can both suspend his license and make him pay the money back. The Bar has discipline powers and is what they call the organization that can deal with bad lawyers.
Answered on Oct 22nd, 2012 at 11:34 PM
Ronald A. Steinberg
Yes. Go to the bat association and file a grievance.
Answered on Oct 22nd, 2012 at 10:25 PM
John J. Carney
I do not know the facts and circumstances of your case. If the lawyer provided three hours of services that would be $900 and you would not be able to get that back. He is entitled to the fee that he earned according to the rate in the retainer agreement. You should call him and ask for an itemized bill as to the time he spent on the case.
Answered on Oct 19th, 2012 at 9:11 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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He already told you what to do.
Answered on Oct 19th, 2012 at 6:29 PM
3 Awards
Write a letter to the lawyer asking for the money back since he did not show up to court - suggest that he has 10 days to return the money - give a specific date. wait 5 days after the date you give him - call and ask one more time if you still do not have the money or satisfactory explanation, contact attorney regulation at the Supreme Court.
Answered on Oct 19th, 2012 at 6:27 PM
1 Award
Yes, you have legal rights, and writing to the bar will help. Stealing money, which is basically what you are accusing him of, is taken very seriously by bar offices. You could also sue him in civil court, but that would probably cost more money to file court fees.
Answered on Oct 19th, 2012 at 6:24 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can write the bar, you can file a fee dispute with the bar, you can sue him.
Answered on Oct 19th, 2012 at 6:06 PM
Thomas Edward Gates
Yes, as he told you, file a complaint with the Bar Association.
Answered on Oct 18th, 2012 at 12:24 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Hopefully you did not pay cash and can prove you paid the money. You should contact the State Bar (1) to file a claim and (2) to apply for a refund from the Bar through their victim program.
Answered on Oct 18th, 2012 at 12:24 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Ask for your money back. The vast majority of my practice is handling legal malpractice cases, but I have never sued a criminal lawyer because we have a crazy case that says before a client can bring a claim against a criminal lawyer, the client must be exonerated completely of any and all charges. It's called the "exoneration defense", however, if he charged you money to represent your husband and then did not show up, you can always sue him in small claims court for breach of agreement.
Answered on Oct 18th, 2012 at 12:24 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Seek out a legal malpractice attorney and report the offending attorney to the Attorney Grievance committee. You can get the information from your local county bar association.
Answered on Oct 18th, 2012 at 12:23 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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Yes. Write to the bar.
Answered on Oct 18th, 2012 at 12:23 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Of course. He told you to write the bar. Do so. The bar has a grievance committee to hear such cases. he obviously has a different point of view from you however. Make sure you know what you are saying to be true and accurate. If you only paid part of the fee that may be the problem. If he did work you don't know about that may be part of the problem. Just make sure you know what you are doing.and make sure what you say is true.
Answered on Oct 18th, 2012 at 12:20 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Write a letter to the State Bar explaining your complaint and including copies of proof of payment.
Answered on Oct 18th, 2012 at 12:18 PM
If he agreed to represent your husband and did not show up at his court hearing or never did anything on the case, that was a violation of his professional duties. You could report him to the State Bar. However, I note you mention that his fee was $2500. But, you paid him only $1000. If he told you that he wanted the full $2500 before he would begin work on the case, then, it was not a violation for him not to have done anything, because you hadn't paid the full retainer fee, yet. However, it might be a violation for refusing to give you your money back. It depends on the terms of any agreement the two of you made.
Answered on Oct 18th, 2012 at 12:18 PM
Lisa Hurtado McDonnell
Yes you should file a complaint with the state bar and you can file a small claims action against your husband's lawyer.
Answered on Oct 18th, 2012 at 12:17 PM
Michael Paul Vollandt
Yes. Do write to the Bar and request a complaint form. They do not like the type of conduct this lawyer exhibited. Also, you brother may be the proper person to sue the lawyer because he has most of the damage. I your Brother does not want to to do that then you should file a small claims case because the amount of damage to you is not worth using a lawyer or the expense of court costs.
Answered on Oct 18th, 2012 at 12:16 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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Yes, you should file a grievance with the State bar to complain.
Answered on Oct 18th, 2012 at 12:15 PM
Steven D. Dunnings
File a grievance with the State Bar of Michigan.
Answered on Oct 18th, 2012 at 12:14 PM
Write to the bar and sue him in small claims court.
Answered on Oct 18th, 2012 at 12:14 PM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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Yes. You should contact the bar and file a complaint against him for professional misconduct; this is a serious matter. You should also consult with legal counsel because you have clear case of malpractice. You should also talk to another lawyer because your husband likely has a claim for ineffective assistance of counsel.
Answered on Oct 18th, 2012 at 12:11 PM