help, lawyer won't stop

[southernandi]

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What is the name of your state? oklahoma

I hired a lawyer on September 14th 2005 to file a motion to vacate regarding my custody and divorce decree. I got him 1,500 dollars to do this. I began emailing him about the 22nd of Sept and told him I wanted to drop everything. He said that was fine, but then they decided to instead of cancelling the hearing, change it to another date. I said no I wanted it dropped. It is still listed on court dockets as scheduled for Nov. 9. I sent many emails, often daily, asking him to respond to my billing questions. I asked for an amount on the 22nd, I have asked for a refund daily. They wouldn't answer any emails or return any phone calls until yesterday the 12th of October. His secretary finally called me back and said that he had mailed something to me. It was the billing statement and showed a 600$ balance after my 1,500$ payment, but stated that he would write that off. I had gone in on the 27 or 28th and signed a paper stating that they would do no more work on the case and the secretary notarized it. He continued to do work and billed for it after, that is the 600$ he said he would write off. He hasn't removed himself as my lawyer like I've requested and he hasn't cancelled the hearing because they said they didn't think it was in my best interest, they also didn't return any documents I gave them.

What is the deal? Isn't he supposed to stop when I tell him to, doesn't he had to remove himself once I ask and cancel the court date like I asked? What about the billing? He stated when we first met that it would be about 1,500$ to take care of all of it, motion to vacate, agreements, everything.

 

[InsuranceLadyAZ]

When you requested the lawyer stop moving forward, did you send a return receipt letter or just e-mail him? You need some written proof that you terminated your attorney.

 

[southernandi]

have proof

I have all emails I sent to him. Including ALL of the ones I sent requesting he stop work. I have either emailed or called every business day for the last 2-3 weeks, with no response.

 

[HomeGuru]

I have all emails I sent to him. Including ALL of the ones I sent requesting he stop work. I have either emailed or called every business day for the last 2-3 weeks, with no response.

**A: do you have proof that he received the emails? Have you ever heard of writing a letter and sending it certified rrr mail?

 

[southernandi]

they were very shady

They took matters into their own hands. After emailing several times, i finally went in and made them write and notarize something to the effect that they weren't going to do anymore work. But they worded it very vaugely. I told them to stop all work and to cancel, they said they would, then I found out from my ex and his lawyer that they only changed the date. I called and the lawyer's secretary said oh yeah, we decided to change the date for you, so you would still have a chance to do something if I decided to. I specifically asked them to drop EVERYTHING and they took matters into their hands.

 

[garrula lingua]

ask at:
http://www2.state.id.us/isb/bc/discipline.htm
the oklahoma site for attorney discipline

 

[garrula lingua]

OP: Sorry - the address reverts to idaho,
please go to : for oklahoma
http://www.okbar.org
and find attorney complaint/




If you advise your attorney you will file a complaint with the State Bar, s/he will usually negotitate a settlement of the dispute. Complaints are serious and should only be persued if there is actual misconduct by the attorney.

 

[foxdude43]

Another Possibility

First off, you should always put things in writing and then hand them the letter yourself when dealing with attorneys. And remember the exact date and time. In our situation it has been to our benefit each time we send or hand correspondence to our lawyer that we have also "cc" it to the judge in the case. That way the attorney is fully aware the judge will see everything to do with your communication between each other. Your attorney can not charge you for anything after you do a face to face and say stop. Even if it's with his.her secretary. Let him bill the secretary if they forgot to tell the lawyer to stop. You are always in charge and what you say goes.

Challenge the attorney to try and collect. He knows full well that Canons of law in every state say that the client's wishes are always paramount. Do some research, find the canon and write to the attorney using it and show proof of e-mails sent and dates.

 

[garrula lingua]

Foxdude:

1. If a Judge is actually reading the copy of your letter to your attorney which you cc'ed to the Judge, that's unethical - it's called 'ex parte communication' - both parties must be present during any communication with the Judge. The Judge must remain a neutral party - s/he's not there to support your dis-trust of your atty.

2. Making copies of your communications with your atty and giving it to third parties may jeodardize your own 'attorney-client' privilige - which was established to protect you.

3. Your attorney should be your protector and your advocate. I don't know what's going on with OP's atty, but It's pretty sad that you don't have any condifence in attys in general.

PS: a good court clerk/court supervisor will throw away any letters sent to a Judge - they don't belong in a court file.