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kerrywes

Junior Member
What is the name of your state? CA

4 months ago, i incorporated a non-profit corporation which I was going to make a charity to raise funds for medical research..I posted on craigslist that i was seeking an attourney to file the neccasary forms with irs and ftb for tax-exemption. 'she' responded and saidshe would help, and defer payment for services she performs util 30-days after i get tax-exemption. she made a contract sayig this, and her billing rate was $150 per hour. for 4 mnths she argued witih me, wasting timme and racking up hours. she never filed a single document and nothing came out of it, so i wrote her a letteR:

Ms.,

When we first made contact, my request was that I wanted an attourney to look over my documents, which Included:

Westfall Foundation Bylaws
IRS 1023 Application and Attachments
FTB 3500 Application and Attachments

I had the completed bylaws, I used the bylaws and all forms which came with the Nolo California Non-Profit Kit.

I had already completed registering my corporation, Westfall Foundation , with the California secretary of state and had certified copies of Articles of Incorporation, as well as a registered corporation. I also attained an Employer Identification Number for Westfall Foundation

You wanted to rewrite bylaws and charge me for this and business advice. Although I appreciate this advice, this was never an agreed upon service which we contractually agreed to pursue. As I had said in email, my bylaws were based on the actual IRS example and provided by Nolo.

You threatened to start charging me double of what we both agreed upon, which was $150 per hour of service which would be tallied and collected 30 days after the IRS and FTB accepted my applications and granted me tax-exemption, because you didn’t realize This would take so ]long, but this took so long because of choices you made, not me.

You told me to hire a CPA to finish the job which I hired YOU to do.

You chose to re-write standard bylaws because you felt that my TEXT-BOOK bylaws, which were written by Nolo lawyers, were insufficient.

You never filed a SINGLE document with anyone, since we began this in September, 2006
.
For the above stated reasons, you are terminated from this project. I will reimburse you for your time spent on the contractually agreed upon items 30 days after I become tax-exempt;, as stated in our contract.




Kw



and now she is saying she is going to get an arbitrator and sue me iof io dont send her a check for the billed activity totalling $8200.

Does sihe have a case? what should ido
?
 


Dandy Don

Senior Member
Were the terms/conditions YOU wanted also stated in the contractual agreement?

Is her fee rate mentioned in the contractual agreement?

If the case goes to arbitration, you have enough documentation to defend yourself adequately, so she won't get all of what she is asking for but she might get a portion of it.

If there is any way possible, DO NOT LET HER be the person to choose the arbitrator, since obvious bias may be involved. Have you paid her anything yet, even a retainer? I don't think you necessarily legally have to attend an arbitration meeting for anything, even if she suggests it.

Why didn't you consult various attorneys before you decided on picking this one?

Can you put an estimate on how much you have been financially harmed/damaged by her actions or lack of actions thereof? Look at your state bar association's website to see if they handle fee disputes or not.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)
 

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