QUESTION

Should I be charged for having to revise a Lawyer affidavit drafts when it contains incorrect statements of fact?

Asked on Jan 19th, 2017 on Legal Malpractice - New York
More details to this question:
My counsel offers me affidavit/document drafts (for submission to Court) that contain mistated facts, events, time periods. I always need to ask him to revise with correct information. All drafts do not display any defense of my position due to vagueness and an inability to state the facts as I have repeatedly stated to him in email/phone. I feel he is purposefully constructing a method by which he can overcharge me for these needed revisions, as he has done with email charges and trying to get me to open up avenues of litigation when I have no need to and the Plaintiff has not demonstrated any objection in a particular matter. His method of obtaining information is basically to have me send him emails, but he has never, in any constructive manner, directed the gathering of facts in a way that would avoid additional charges. His tactic is to construct additional charges. Thank you.
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
This is not malpractice.  It might not be the most efficient way to work, but you can change lawyers.  A complaint about fees goes to fee arbitration or a lawsuit.  It is not a malpractice issue.
Answered on Jan 19th, 2017 at 5:39 PM

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