Is this ethical and legal?

[stephenk]

"I have loaned the attorney money on three occassions and have written the word LOAN on two out of three checks and made a journal record in my checkbook ledger of the three checks as being loans. The attorney is trying to claim that some of the money I LOANED him to be a retainer for services."

No mention of being advised to seek outside counsel on the reasonableness of the loan terms; no mention of the loan in writing; no mention the poster agreed in writing to the loan terms.

The attorney did everything wrong.

 

[JETX]

No mention of being advised to seek outside counsel on the reasonableness of the loan terms; no mention of the loan in writing; no mention the poster agreed in writing to the loan terms.

The attorney did everything wrong.

And as usual... you are spouting off without having ANY knowledge of the FACTS.

There is NOTHING in this thread to even suggest that there was no advice about outside counsel.
There is NOTHING in this thread to even suggest the loan is not in writing.
There is NOTHING in this thread to even suggest anything about loan terms......

And yet, you feel you have enough to say that the "attorney did everything wrong"!!!
You are either a blithering idiot.... or a dolt. Your choice.

 

[stephenk]

"The attorney is trying to claim that some of the money I LOANED him to be a retainer for services."

If there was a written loan agreement explain why the attorney would refer to the loan as a retainer for services. it is either one or the other.

"made a journal record in my checkbook ledger of the three checks as being loans"

With a written loan agreement it wouldn't be necessary for the poster to write loan on the checks or make specific notations in their checkbook ledger that the checks are for loans. The loan agreement would be all of the proof necessary.

Finally, with all of the information presented by the poster and the poster not coming across as an idiot, there is no mention of a written loan agreement.

Circumstantial evidence is as strong as direct evidence. In this situation the inferences point to no independent advice, no terms, and no written agreement.