What is the name of your state? MO
In August 2003 Dad was involved in an interstate case, Dad needed a lawyer ASAP, and he found the one he eventually hired. This lawyer did a wonderful job, and since Dad eventually allowed MO to maintain jurisdiction, he held onto this lawyer. He retained him for $750 (child custody issue,) gave him $200 at the first hearing, and then another $150 at the final hearing- he's got to drive approximately 90 miles to the courthouse because the case is in an itty bitty town and the only lawyer in that town would not reprent Dad because of conflict of interest. At this final hearing Dad requested an itemized bill for whatever else he owed the lawyer.
Dad recieved just one bill which he's still got, and which he paid in full. Dad continued occassional contact with the lawyer via email until Spring 2005 when Dad had an issue with visitation and sent him a "barrage" of emails. The lawyer stated in an email, quote, "I need to get a fee deposit from you. I've been reading your e-mail and responding to them. I did send you one bill, but it didn't cover all of the one. I don't bill for all for all of the e-mails, but I need to have something to work with." The lawyer requested that the fee deposit be $600, which Dad did not have at the time, so he stopped emailing him.
Then in February 2006 Dad emailed the lawyer again with a simple question, and he responded with, "As you may know, I never billed you for all I did on your case. When I did ask for money on the last barage of e-mails, that didn't go over all that well. I am more than happy to continue to help you out with questions or court represenation, but we need to be clear that I need to get paid for my time... Do you want me to respond to this e-mail and bill you for it?"
Now, don't get me wrong, I completely understand lawyers need to be paid for their time. However, the verbatim this lawyer used when requesting the $600 indicated that he wanted a RETAINER prior to doing any work, NOT for what he's done already. And also, he never sent a BILL. Dad did respond to that email from the lawyer explaining how he thought it was a retainer he wanted, and in a following email, Dad said, "Please send me an itemized bill. In good faith, I'm mailing out a check for $50 tonight towards this bill that I'm hoping to recieve. I will then send the money in monthly installments once I recieve a bill, and I will send at least $50 per month." Dad then put the last address he had for him and asked him to confirm it.
Dad did send that $50, and never recieved a bill, so he didn't send anymore money.
Then in July 2006, Dad sent an email asking the lawyer to represent him with a contempt motion (visitation denial,) and offered $500 up front.
The lawyer said, "Sure, I'll work with you. Send me the $500 and a description of why you want her held in contempt and I can get it drafted."
The money was sent, Dad sent an email stating why he needed the contempt motion and to let the lawyer know the money was sent. The lawyer responded to that email telling Dad he recieved the email and he'll try and get to the motion within 5 days. Dad waited three weeks before contacting the lawyer again and asked if he had recieved the money and what the status on the contempt motion was. The lawyer said he never recieved the money, asked where Dad sent it, then gave his new address.
Dad had already sent the money to the lawyer's old office as that was the last known address he had for him. Then Dad finds out the lawyer moved more than a year prior, meaning when Dad asked him in February '06 to confirm the address he had for him, it was NOT current, though he still sent the lawyer that $50 because he never communicated this change to Dad even though he asked for it.
So Dad had to cancel that check and send out another one to the lawyer's current office.
That check was sent out in the beginning of August, and Dad lost his job in mid-August. Dad kept the lawyer current as to his job status, and the lawyer responded with a thank-you. The end of August was the last Dad heard from this lawyer.
Dad sent an email in mid-September and the lawyer never responded to it. Dad even called the lawyer 3 weeks ago and the lawyer did not return this call.
So Dad stopped contacting the lawyer assuming this lawyer was holding out until Dad got another job so that Dad wouldn't look so bad when he tried to hold his ex in contempt for denial of visitation.
Dad sent the lawyer another email last week stating, "Awhile ago I sent you a few emails asking what the status of my contempt motion is, yet you never responded. I even called your office, and you did not return the phone call. I waited so long before contacting you again because I_m assuming you_re waiting for me to get employment before filing... I am presently late with... child support payments... I just filled out the paperwork to cash in my 401k plan so that I can get current with my child support... (I) was told the earliest I will get this money is after the tenth of November, but if my application is not processed before October 12th I will not receive the funds until sometime in December... I would like to know what your plans are with this motion. Have you drafted the petition yet? Is there any other information you need for this? PLEASE communicate to me what I need to do to help with this..."
Dad gave the lawyer 2 full business days before calling the office this week, and though Dad called the office, the lawyer still has not even responded to say, "Hey, I haven't started this because..."
So what's the next step? I believe this lawyer is unorganized, but the reason Dad keeps him is because when it comes down to the actual work, this lawyer's done a darn good job.
Should Dad send the lawyer more money? The lawyer won't even communicate to Dad about that. I personally feel without a bill, no money is owed, even if it is. It's different if the bill got lost in the mail or something else, but the lawyer isn't saying, "Hey, I mailed you a bill. If you don't have it I'll send you another one." The lawyer just is not communicating at ALL about anything. He's already got Dad's $500 for this contempt motion and Dad would like it to be carried out. Dad just doesn't know what to do when the lawyer's not advising him or even communicating with him.
In August 2003 Dad was involved in an interstate case, Dad needed a lawyer ASAP, and he found the one he eventually hired. This lawyer did a wonderful job, and since Dad eventually allowed MO to maintain jurisdiction, he held onto this lawyer. He retained him for $750 (child custody issue,) gave him $200 at the first hearing, and then another $150 at the final hearing- he's got to drive approximately 90 miles to the courthouse because the case is in an itty bitty town and the only lawyer in that town would not reprent Dad because of conflict of interest. At this final hearing Dad requested an itemized bill for whatever else he owed the lawyer.
Dad recieved just one bill which he's still got, and which he paid in full. Dad continued occassional contact with the lawyer via email until Spring 2005 when Dad had an issue with visitation and sent him a "barrage" of emails. The lawyer stated in an email, quote, "I need to get a fee deposit from you. I've been reading your e-mail and responding to them. I did send you one bill, but it didn't cover all of the one. I don't bill for all for all of the e-mails, but I need to have something to work with." The lawyer requested that the fee deposit be $600, which Dad did not have at the time, so he stopped emailing him.
Then in February 2006 Dad emailed the lawyer again with a simple question, and he responded with, "As you may know, I never billed you for all I did on your case. When I did ask for money on the last barage of e-mails, that didn't go over all that well. I am more than happy to continue to help you out with questions or court represenation, but we need to be clear that I need to get paid for my time... Do you want me to respond to this e-mail and bill you for it?"
Now, don't get me wrong, I completely understand lawyers need to be paid for their time. However, the verbatim this lawyer used when requesting the $600 indicated that he wanted a RETAINER prior to doing any work, NOT for what he's done already. And also, he never sent a BILL. Dad did respond to that email from the lawyer explaining how he thought it was a retainer he wanted, and in a following email, Dad said, "Please send me an itemized bill. In good faith, I'm mailing out a check for $50 tonight towards this bill that I'm hoping to recieve. I will then send the money in monthly installments once I recieve a bill, and I will send at least $50 per month." Dad then put the last address he had for him and asked him to confirm it.
Dad did send that $50, and never recieved a bill, so he didn't send anymore money.
Then in July 2006, Dad sent an email asking the lawyer to represent him with a contempt motion (visitation denial,) and offered $500 up front.
The lawyer said, "Sure, I'll work with you. Send me the $500 and a description of why you want her held in contempt and I can get it drafted."
The money was sent, Dad sent an email stating why he needed the contempt motion and to let the lawyer know the money was sent. The lawyer responded to that email telling Dad he recieved the email and he'll try and get to the motion within 5 days. Dad waited three weeks before contacting the lawyer again and asked if he had recieved the money and what the status on the contempt motion was. The lawyer said he never recieved the money, asked where Dad sent it, then gave his new address.
Dad had already sent the money to the lawyer's old office as that was the last known address he had for him. Then Dad finds out the lawyer moved more than a year prior, meaning when Dad asked him in February '06 to confirm the address he had for him, it was NOT current, though he still sent the lawyer that $50 because he never communicated this change to Dad even though he asked for it.
So Dad had to cancel that check and send out another one to the lawyer's current office.
That check was sent out in the beginning of August, and Dad lost his job in mid-August. Dad kept the lawyer current as to his job status, and the lawyer responded with a thank-you. The end of August was the last Dad heard from this lawyer.
Dad sent an email in mid-September and the lawyer never responded to it. Dad even called the lawyer 3 weeks ago and the lawyer did not return this call.
So Dad stopped contacting the lawyer assuming this lawyer was holding out until Dad got another job so that Dad wouldn't look so bad when he tried to hold his ex in contempt for denial of visitation.
Dad sent the lawyer another email last week stating, "Awhile ago I sent you a few emails asking what the status of my contempt motion is, yet you never responded. I even called your office, and you did not return the phone call. I waited so long before contacting you again because I_m assuming you_re waiting for me to get employment before filing... I am presently late with... child support payments... I just filled out the paperwork to cash in my 401k plan so that I can get current with my child support... (I) was told the earliest I will get this money is after the tenth of November, but if my application is not processed before October 12th I will not receive the funds until sometime in December... I would like to know what your plans are with this motion. Have you drafted the petition yet? Is there any other information you need for this? PLEASE communicate to me what I need to do to help with this..."
Dad gave the lawyer 2 full business days before calling the office this week, and though Dad called the office, the lawyer still has not even responded to say, "Hey, I haven't started this because..."
So what's the next step? I believe this lawyer is unorganized, but the reason Dad keeps him is because when it comes down to the actual work, this lawyer's done a darn good job.
Should Dad send the lawyer more money? The lawyer won't even communicate to Dad about that. I personally feel without a bill, no money is owed, even if it is. It's different if the bill got lost in the mail or something else, but the lawyer isn't saying, "Hey, I mailed you a bill. If you don't have it I'll send you another one." The lawyer just is not communicating at ALL about anything. He's already got Dad's $500 for this contempt motion and Dad would like it to be carried out. Dad just doesn't know what to do when the lawyer's not advising him or even communicating with him.
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