QUESTION
What can I do if this attorney lied to my Dad when he said that hiring a POA would not affect the granting of a protested conservatorship?
Asked on Mar 29th, 2014 on Estate Planning - Michigan
More details to this question:
Then he coerced Dad to sign a POA with someone Dad did not want. This POA charged excessive fees and Dad fired the POA. Then the attorney wants to withdraw because Dad didn't do what he said. He is now threatening to file a motion to withdraw and Bill Dad for the expense. Dad doesn't want to release him voluntarily because the attorney worded the release form claiming that Dad has failed to follow the settlement agreement though the plaintiff has failed to also abide by their part if the agreement. This attorney is not faulting the plaintiff for any breach.
7 ANSWERS
Ronald A. Steinberg
Get a second opinion. Someone competent needs to review the entire file.
Answered on Apr 07th, 2014 at 8:37 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Attorney wants out of the relationship. You're not happy with the attorney. Terminate the relationship now. You do not want to have to pay the expenses incident to his withdrawing, and you do not want the embarrassment. Just fire him. Do not agree to any garbage he wants you to sign.
Answered on Apr 04th, 2014 at 5:32 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Things are probably a bit different than you would suppose. It may be that the attorney had good reason to make his recommendation and that the fees were not excessive. In agreeing to enter into the arrangement and then changing it, it is understandable that the attorney no longer wants to represent that client. Since I don't have an actual copy of the agreement, I can't comment on what those arrangements are.
Answered on Apr 04th, 2014 at 5:32 PM
2 Awards
Get a new attorney asap and have that attorney review the agreement that the attorney wants signed. The reality is that the attorney cannot place conditions on a withdrawal and if he will not simply allow your dad to sign a substitution of attorney, he is violating his ethical duties.
Answered on Apr 04th, 2014 at 5:31 PM
You don't explain enough of the background on this matter to make any suggestions or recommendations.
Answered on Apr 04th, 2014 at 5:31 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You can file a complaint with the State Bar of California if you are dissatisfied with the services of the attorney.
Answered on Apr 04th, 2014 at 5:31 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You have a complex situation and there is no way to provide meaningful guidance without seeing the documents in question and reviewing all of the facts. I do not see how the attorney could be responsible for what the agent under the POA did or did not do.
Answered on Apr 04th, 2014 at 4:09 PM