Write to the attorney saying they have done nothing, not even send you a copy of the retainer, you demand all your money back and if they do not respond within 5 work days you will have to go to the State Bar. If you get no response, call the State bar or go onto their web site to get the complaint form. ?
Not only was the lawyer obligated to provide the services as agreed, there is also an obligation to return phone calls... Whenever a lawyer fails to perform the legal services that you paid him to render, you are entitled to full refund of your retainer.
Yes, you can get your money back. I agree with the two previous answers by other lawyers. In addition, you can file a grievance with the state bar. You can also file in small claims court. Not only was the lawyer obligated to provide the services as agreed, there is also an obligation to return phone calls...
Your lawyer breached his contractual obigation to diigently and competently render legal services. You should also report him to the Texas State Bar for violating his ethical duties to act in a diligent manner and communicate with you on a timely basis.
You should also report him to the Texas State Bar for violating his ethical duties to act in a diligent manner and communicate with you on a timely basis. If you sue this lawyer in small claims court, you will prevail.
Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.
If your lawyer does not return your call, send them a letter and keep a copy. In the letter, describe what is bothering you and what you need. Suggest meeting with the lawyer face-to-face.
Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.
Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.
A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.
A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.
If you have called your attorney, left messages, sent emails, and you still haven't heard a response, the best course of action is to send a certified letter to his or her office questioning the failure to communicate and informing them that you are prepared to find a new lawyer if the situation does not improve.
Professional Negligence. Civil Fraud and Investigations. Financial Services Disputes. Wills, Trusts and Inheritance Disputes.
Formal complaint against [name of lawyer or law firm] describe what the lawyer had been hired to do for you [for example dealing with the sale or purchase of a house] β’ say when this was [give the date or dates when the problem occurred]. My complaint is that [list what you think went wrong or wasn't done properly.
The American Bar Association's Model Rules of Professional Conduct states that a lawyer βshall not knowingly make a false statement of material fact.β In other words, lawyers aren't supposed to lie--and they can be disciplined or even disbarred for doing so.
There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified.
If the attorney loses the case, the client is still responsible for legal fees as stipulated in the original retainer contract. Some attorneys may agree to withhold billing until the end of a case, but they will still expect payment regardless of how the case ends.
You can demand your money back and, if he refuses, contact the Bar Association and file a complaint. This step nearly always gets your money back, rather than having to sue and spending more money.
If you disagree with what the attorney claims for his or her time, costs or expenses, there is a procedure to mediate the dispute or you could sue.
Go to the Attorney Grievance Commission. Fill out the complaint, and they will take care of it for you. Then get a good lawyer to do the job that you hired the idiot to do.
Attorneys often take money from their clients up front and put them into a client trust fund account. It does not mean that the money has been spent on his or her legal services. As he or she does work on your file, the amount charged is deducted from that money in escrow. I would just contact the office and ask them for the money and see what happens.
Before you sue the attorney, request a refund. If the attorney has done some work on the case, he may not refund the entire fee. He may explain what he has done and you may decide to let him continue. If you and the attorney cannot agree on an amount of earned fee and refund, there is a procedure through the state bar to resolve fee disputes between attorneys and clients.