what to do when a lawyer waste your time and money

I would be more direct - ask the attorney for your money back, you never know, some attorneys will refund fees if a client is dissatisfied and then use the money to hire a new attorney. Otherwise, in a situation like this, you should get a new attorney in any event. 1 found this answer helpful

Full Answer

Should I dump my bad lawyer?

 · 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.

What to do if your lawyer stole from you?

What to do if your lawyer refuses to pay you?

Can I get my money back from a lawyer?

Answer (1 of 5): Perhaps the main theme is by being a control freak. That can play out in various ways, but they’re all wasteful. In an extreme example from early in my career, I once had a guy …

What is a reasonable time for a lawyer to respond?

within 24-48 hoursA: 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.

Can lawyers keep your money?

If there is a large sum of money involved or held for a long time, an attorney can hold the client's funds in an individual account, known as a Client Trust Account, and the interest earned will go to the client.

How do you waste a lawyer's time?

Avoid these 7 ways to waste time and money in litigation.Suing the wrong person or company. ... Responding unnecessarily to court rulings. ... Responding to every motion. ... Responding to extremely low offers of settlement. ... Moving for sanctions, especially for perjury. ... Filing a complaint without facts. ... Reacting to annoying lawyer stuff.

Can you sue for wasting time?

The answer is generally no - you can't sue for wasted time in most instances.

How do you ask for money back from a lawyer?

The best way to get a refund is to ask your lawyer directly—you can either send a letter or call them at the office. See if you can set up a meeting to discuss (5)… Sep 1, 2019 — Send a demand without any ultimatum. If you don't get your refund within 30 days, file a dispute with the State Bar where you live.

Can you sue a lawyer for not doing their job?

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.

What is an abuse of court process?

In a nutshell, an abuse of court process is “the improper use of the judicial process by a party in litigation, aimed on targeting on interference with due administration of justice”.

What is it called when you waste time in court?

Frivolous litigation is the use of legal processes with apparent disregard for the merit of one's own arguments. It includes presenting an argument with reason to know that it would certainly fail, or acting without a basic level of diligence in researching the relevant law and facts.

What makes a lawsuit frivolous?

A frivolous claim, often called a bad faith claim, refers to a lawsuit, motion or appeal that is intended to harass, delay or embarrass the opposition. A claim is frivolous when the claim lacks any arguable basis either in law or in fact Neitze v. Williams, 490 U.S. 319, 325 (1989).

Can I sue for emotional distress?

It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someone's negligence caused the harm you first suffered. This could be because you were hurt in an accident that was someone else's fault.

What is a counter sue mean?

transitive + intransitive. : to sue (someone) in return : to bring a counterclaim against someone They were dissuaded from suing one another because they knew their target likely had patents that covered similar territory and they could be countersued quickly—the legal equivalent of mutually assured destruction.—

What is an example of counterclaim?

Examples of counterclaims include: After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed).

John S. Fason

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...

Stewart Andrew Sutton

Whenever a lawyer fails to perform the legal services that you paid him to render, you are entitled to full refund of your retainer. Your lawyer breached his contractual obigation to diigently and competently render legal services.

Cynthia Russell Henley

Send the lawyer a certified letter outlining the agreement, the efforts to contact the office (noting no return contact), the promise to file within 2 weeks, and that based on the failure to do the work as promised and the ethical violation of no communication, you no longer want the lawyer to work on the case and you expect a full refund (or you will seek the assistance of the State Bar of Texas.) Give the....

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What to do if your lawyer doesn't respond?

If your lawyer does not respond, or subsequent meetings or conversations are not fruitful, consider suggesting mediation to work out your communication problems if you still want this lawyer to represent you. A bad deskside manner doesn't mean that the lawyer isn't an excellent lawyer, and it can be difficult to find a new one in the middle of a case.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What is the defense of a lawyer who is sued for malpractice?

A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.

What to do if your lawyer is unresponsive?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What happens if a lawyer doesn't return phone calls?

A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.

2 attorney answers

I would be more direct - ask the attorney for your money back, you never know, some attorneys will refund fees if a client is dissatisfied and then use the money to hire a new attorney. Otherwise, in a situation like this, you should get a new attorney in any event.

Jonathan H Levy

Your question doesn't really specify what the attorney did/failed to do for your boyfriend. His is a fairly common situation. People end up having children they didn't know about and have to pay back support on them. Your boyfriend didn't have a lot of options for his lawyer to work with. What has happened is not far from the norm.

How to get money if a lawyer stole from me?

How can I get money if a lawyer stole from me? Call the State Bar of Arizona to explain your case and ask if you may be eligible to apply to the Client Protection Fund. Call 602-340-7280 within Maricopa County or 800-319-0514, extension 7280, everywhere else. Fill out an application on the State Bar of Arizona website.

What are the businesses that are controlled by lawyers?

Most businesses, such as corporations, bonding agencies, medical providers, companies controlled by the lawyer or other third parties with claims against the lawyer.

How much money did Ray Bedell borrow from a lawyer?

Here's a little-known way to get money back from a bad lawyer. Ray Bedell, a retired Phoenix electrician, had borrowed and scraped together more than $5,000 to hire an attorney in a family court case so he could spend more time with his daughter. The lawyer seemed smart, aggressive and talented in the courtroom, Bedell remembered.

How long does a lawyer have to be suspended in Arizona?

The lawyer must have been licensed or authorized to practice law in Arizona. The lawyer must have been disciplined with a suspension for longer than six months, interim suspension, disbarment or a felony conviction related to the claim.

What are some examples of client protection funds?

Examples of Client Protection Fund cases include: An attorney fails to perform work a client paid for and refuses to issue a refund. An attorney improperly keeps part or all of a lawsuit settlement or award. An attorney lies, which causes a client financial harm. An attorney dies in the middle of a case and doesn't leave money to reimburse clients.

What is wrongful act?

Wrongful acts such as theft or embezzlement of money.

What is the final step in the disciplinary process?

The final step is a vote by a board of volunteer attorneys that meets once a quarter on whether and how much money to award.

Why would an ex waste time and money on needless court appearances?

Why an ex would waste time and money on needless court appearances. There are many reasons why an ex would choose to waste time and money by causing a case to take longer or require more court appearances. Sometimes the ex’s objective is to cause the client to have to spend time around the ex, in the hope that the relationship could be “saved” ...

What happens if you don't show up to a court date?

2. Not showing up to a Settlement Conference or other court date, causing the court to reschedule the court date.

Can a court be reimbursed for attorney fees?

That means that the court is even more likely to do so in cases where is misconduct. Being reimbursed for unnecessary attorney fee expenditures is an obvious benefit from addressing the matter through a Motion for Sanctions or Motion for Attorney Fees.

Does Illinois have an attorney fee?

Under both Illinois and Iowa law, the court has the authority to make a party pay some or all of the other party’s attorney fees. The Circuit Court in Illinois and the District Court in Iowa will engage in such attorney fee shifting in divorce and custody cases quite readily, and will even do so when there is no misconduct on the part of a party but there is a large disparity in income. That means that the court is even more likely to do so in cases where is misconduct.

Where does a lawyer have to keep money?

Where money has been advanced in anticipation of future services, the lawyer is usually required to keep the money in a client trust account. The trust account money is considered property of the client in most jurisdictions. The lawyer has a right to withdraw the money after the fees are “earned” by the lawyer.

What to do if your lawyer is unwilling to discuss your bills?

If your lawyer is unwilling to discuss the bills, you should put your concerns in writing, and consider ending the relationship.

How to coerce a client to pay a lawyer?

Lawyers frequently try to coerce payment by asserting an “attorneys’ lien” on all or part of a former client’s case file pending receipt of payment. Depending on whether the case or transaction is over, this can leave the client in the unenviable position of having to pay the fee to get much-needed papers for an ongoing legal matter. However, in practice a client operating in good faith has little to fear. If the client has a need for the documents in an ongoing matter, and a good faith basis for not paying a portion of the fee, lawyers cannot withhold critical papers. Even after the attorney-client relationship is over, the lawyer has a duty to assist in an orderly transition to replacement counsel to minimize prejudice to his former client.

What is a lawyer's agreement?

Lawyers will often refer to agreements they have with clients, typically drafted by the lawyer at the beginning of the engagement, as evidence that a client agreed to certain payment terms. For example, there may be agreement as to hourly rates, staffing, or contemplated courses of action.

What happens if you don't raise your lawyer's billing concerns?

The downside of not raising billing concerns with your lawyer is substantial. You lose the chance to obtain a mutually-agreed upon reduction. The billing practice that offends you will no doubt continue. Finally, if the fee dispute ever gets litigated or arbitrated, your lawyer will claim that you consented to the disputed billing practice.

Why do lawyers give bonuses?

Despite this, lawyers often tell their clients they are entitled to a “bonus” over the agreed-upon fee because the matter has become more difficult than expected or because of an unexpectedly favorable result. It is common for such a lawyer to “negotiate” the increased fee in the middle of an engagement.

What to do if you get a high bill from an attorney?

There are steps you can take both during and after the engagement to communicate your concerns to your lawyer. Appropriate questioning of bills often leads to a mutually-agreed upon reduction, and can even strengthen the attorney-client relationship. Should all else fail, fee dispute litigation provides substantial relief from some relatively common examples of attorney overbilling, while protecting an attorney’s right to a reasonable fee. Ten points for clients to consider:

What happens if you pay upfront for a lawyer?

Anytime you pay an upfront fee, you risk the lawyer not doing much or any work.

How much did the attorneys charge for the Ponzi scheme?

Allen Stanford Ponzi scheme recovered only $81 million. According to the AP, the attorneys charged $27 million for three months of shoddy work.

Why do law firms charge high billing rates?

Sometimes, law firms use high billing rates to stick clients with unnecessarily expensive bills for research, secretarial work, and other low-level tasks.

How much money did Sullivan and Cromwell misappropriate?

For example, a lawyer at Sullivan & Cromwell used these techniques and others to misappropriate over $500,000 before being disbarred in 2008, according to the Wall Street Journal. Besides outright false expenses, the lawyer admitted to improperly billing for personal "meals, travel and lodging" and first-class tickets on international flights, for which he paid for coach or business-class tickets, pocketing the difference.

How many hours did Mayer Brown bill?

For example, an extensive Illinois hearing board investigation into the billing records of a lawyer at Mayer Brown found that he billed more than 150 hours during a two-week period in which he actually worked less than 50.

How much did Vick's lawyers charge for his bankruptcy?

Faced with a $2.66 million fee for a bankruptcy case, Vick learned that his lawyers were charging for extensive overhead expenses. As Am Law Daily noted, these included the cost of running air conditioning during the weekend; taxi rides home for employees working late; and $1,200 for plane tickets from New York to Kansas.

Is it justifiable to spend big bucks on litigation?

Like a sick person, a company facing litigation is willing to spend big bucks to get out of a trouble. It's entirely justifiable, and lawyers are only too happy to oblige, billing clients for every minute worked, and then some.