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Yes,I did sign an agreement.
And I already paid him $1200.
You're saying that I won't be allowed to change?
Or that the attorney may allow me to, but would have to refer me to another attorney himself?
If need be,I can contact the bar association.
I just didn't think it would come to that.
I felt like if I am not happy with the service I am receiving I should be able to change attorneys.
You can always fire your attorney. If you want a different attorney check on who you'd prefer, word of mouth from friends etc.
Go talk to this new attorney and tell him your quandary. Especially if you have discovered that your present attorney has missed important timelines of filings in this transaction. The new attorney can walk you through firing the other attorney....or advise you how to let the other attorney go.
If you want, you can even complain to the State Bar. I would suggest that you do this if he is incompetent to prevent others from going through the same problems. The State Bar's take complaints seriously. But they do investigate along with your complaint.
I'm not sure that you'll get your money back, it depends if he can verify what work he's done, and substantiate that with a bill.
I have never hired an independent attorney when buying a home....We simply always used the bank/mortgage company's attorney.
You can always fire your attorney. If you want a different attorney check on who you'd prefer, word of mouth from friends etc.
Go talk to this new attorney and tell him your quandary. Especially if you have discovered that your present attorney has missed important timelines of filings in this transaction. The new attorney can walk you through firing the other attorney....or advise you how to let the other attorney go.
If you want, you can even complain to the State Bar. I would suggest that you do this if he is incompetent to prevent others from going through the same problems. The State Bar's take complaints seriously. But they do investigate along with your complaint.
I'm not sure that you'll get your money back, it depends if he can verify what work he's done, and substantiate that with a bill.
I have never hired an independent attorney when buying a home....We simply always used the bank/mortgage company's attorney.
Thanks.
I don't need to get my $1200 back (it would be nice, of course, but I'm not expecting that).
But I'll be da--ed if I pay this attorney a penny more than that.
If he bills me, I'm not paying.
He can sue me for the other $1300.
Thanks.
I don't need to get my $1200 back (it would be nice, of course, but I'm not expecting that).
But I'll be da--ed if I pay this attorney a penny more than that.
If he bills me, I'm not paying. He can sue me for the other $1300.
It'll be way cheaper for him to sue you than for you to defend yourself. Has his poor performance been so bad that you would spend thousands to make a point? Sometimes it makes more sense to pinch your nose and proceed than to spend money to indulge the negativity.
It'll be way cheaper for him to sue you than for you to defend yourself. Has his poor performance been so bad that you would spend thousands to make a point? Sometimes it makes more sense to pinch your nose and proceed than to spend money to indulge the negativity.
Where are you getting that the OP would have to spend thousands on a defense? I think you are equating non payment with some sort of criminal behavior? I'd like to see a link to substantiate your claim?
By your estimation a person cannot fire their attorney without having to prepare to defend themselves? That is ludicrous.....attorneys are hired and fired just like any other business professional that you hire.....If they aren't doing their due diligence.
OP.....The most that might happen imo would be he would send the bill to a collections company for collection of an unpaid bill. But, if she fires him before the processes happen that would allow him to charge the remaining 1300....He can't collect for work not done.
If you are at all concerned by some of the warnings being issued by some of these posters about charges, etc....call your local State Bar and ask what the procedure is for firing your attorney....and what any implications for suit are if you fire them.
If I had an attorney that was not representing me appropriately, had missed filing dates, had not advised appropriately etc....Why would I continue to use this attorney. And, if I thought he/she was inept I would certainly contact the State Bar and issue a complaint.
But, that is my opinion not legal advice....as I am not in the legal profession.
It'll be way cheaper for him to sue you than for you to defend yourself. Has his poor performance been so bad that you would spend thousands to make a point? Sometimes it makes more sense to pinch your nose and proceed than to spend money to indulge the negativity.
Yes true.
However, I think he likely would not sue me for the $1300. It may not be worth his while.
Also, we have mutual acquaintances and friends and he likely would just want this to go away.
Where are you getting that the OP would have to spend thousands on a defense? I think you are equating non payment with some sort of criminal behavior? I'd like to see a link to substantiate your claim?
By your estimation a person cannot fire their attorney without having to prepare to defend themselves? That is ludicrous.....attorneys are hired and fired just like any other business professional that you hire.....If they aren't doing their due diligence.
OP.....The most that might happen imo would be he would send the bill to a collections company for collection of an unpaid bill. But, if she fires him before the processes happen that would allow him to charge the remaining 1300....He can't collect for work not done.
If you are at all concerned by some of the warnings being issued by some of these posters about charges, etc....call your local State Bar and ask what the procedure is for firing your attorney....and what any implications for suit are if you fire them.
If I had an attorney that was not representing me appropriately, had missed filing dates, had not advised appropriately etc....Why would I continue to use this attorney. And, if I thought he/she was inept I would certainly contact the State Bar and issue a complaint.
But, that is my opinion not legal advice....as I am not in the legal profession.
OP is the one that said the attorney might sue her, not me. I don't know if he'd do that. We haven't seen the contract between the OP and him. The contract may make the total amount due whether OP likes his performance or not. We don't know. At the very least she is losing the retainer and addressing that suit, if it happens, even if she defends it herself without an attorney, will cost money if only the cost of the lost time. I don't see getting to $2000 total lost as a stretch. Just my opinion. I've been called an idiot before.
It'll be way cheaper for him to sue you than for you to defend yourself. Has his poor performance been so bad that you would spend thousands to make a point? Sometimes it makes more sense to pinch your nose and proceed than to spend money to indulge the negativity.
Quote:
Originally Posted by 1insider
OP is the one that said the attorney might sue her, not me. I don't know if he'd do that. We haven't seen the contract between the OP and him. The contract may make the total amount due whether OP likes his performance or not. We don't know. At the very least she is losing the retainer and addressing that suit, if it happens, even if she defends it herself without an attorney, will cost money if only the cost of the lost time. I don't see getting to $2000 total lost as a stretch. Just my opinion. I've been called an idiot before.
Your post at the top is what I quoted and responded to.
Yes,I did sign an agreement.
And I already paid him $1200.
You're saying that I won't be allowed to change?
Or that the attorney may allow me to, but would have to refer me to another attorney himself?
If need be,I can contact the bar association.
I just didn't think it would come to that.
I felt like if I am not happy with the service I am receiving I should be able to change attorneys.
You said you signed an agreement, so the terms of that agreement will dictate your rights to terminate or other remedies. What does your agreement state about required performance by the attorney, how has he breached that performance requirement and are you given the right to terminate the contract without giving him an opportunity to remedy the situation?
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