unethical attorney?

[TooPatient]

I'll skip the long part of the story.

FI and I needed to hire an attorney in CA (not the state we live in) to deal with a fraudulent lien on a title. We had to do this once before (same person filed a lien on another thing that we got cleared off before finding out about this one) and that attorney had everything taken care of within a few months for under $2,000. Unfortunately that person was unavailable (retired) when we found out about this one so we had to hire a different guy. We hired this attorney based on the recommendation of the attorney we were referred to initially.

I called him, explained the situation (100% identical thing), and forwarded all of the documents from the first time around. He tried to convince me that it would cost less to do it a different way and I explained we had already done this before. My instructions were clear -- mail the mechanic the same letter as before (I provided already typed), after 30 days file the same document with the court (about 4 pages, re-type with correct tail number). I let the attorney know we did this before and expected that on day 30 after getting the court document the guy would sign the release and we'd be done. (probably have to call and remind him to mail the original, but after brief grumbling he'd send the form).

Well.... It has now been two YEARS since we hired him. Since last July (2010), he hasn't contacted me at all. Prior to that, he was VERY hard to reach. He used his full retainer ($2,000) and said (in July) that he had the guy's signature and we just needed to wrap it up... and he needed another $2,000 to cover the hours above the retainer. We paid him and that was pretty much the last we heard.

I FINALLY got through to him today (been calling for the last 2 weeks) and he gave me this sob story about having a heart attack 4 weeks ago, open heart surgery, etc, etc.-- don't get me wrong, I wish him well and was sorry to hear about his health issues BUT how does 4 weeks of health issues explain nine MONTHS of no contact?!?!!!

The kicker is that he's been in contact (or so he says) with the museum! (we donated the thing that has a lien on it to a museum which is how we found out about the lien). So he's been talking to them and not letting us know what's happening -- but WE'RE THE ONES HE IS BILLING!! We've also never actually gotten a bill for his hours -- he just used the retainer and then told us what he "was owed" when he sent the letter telling us he had the signature we needed.
And he had the NERVE to tell me that "the museum is being patient and understanding" and I need to be too!!!



Okay... so that was long.

Anyway, is this just a bad attorney and I got unlucky in hiring him or would his behavior be considered "unethical" and something I should report to the bar?

 

[Yimmers]

Did he ever explain his billing rates and procedures to you? Did he ever tell you that he would bill you for X amount rate once the retainer has been used? You've never GOTTEN a bill explaining the hours he's billed, what exact work was performed for those hours? (likely unethical in the state he's licensed in...)

He doesn't advise you that he's talking to the museum (and presumably billing you for it?) Have you even AUTHORIZED him to do this work? Have you verified with the museum that he is indeed talking to them? If you haven't authorized him to do this work, advise the museum so they can discontinue so you don't get billed anymore.

This speaks all levels of shadiness.

You need a new lawyer asap, and yes, I'd consider reporting him. Chances are, he'll try to lien you for the "unpaid" bill he's going to be giving you for this "work." So, be prepared...

 

[TooPatient]

I just went back to his last contact with me in July last year. He did include an invoice (which is something ).

Verbal agreement only for $250/hour. He never sent a contract or anything. I did NOT authorize him to speak with the museum (or their attorney!). The museum, even with us working with the attorney of their choice, has not been at all helpful or friendly in any of this and have pretty much avoided contact with me since this whole thing started. (I am headed right now to instruct - in writing - that our attorney is NOT to speak with them about this case)

From his "statement":
$100 for telephone call from museum's attorney
$750 for "legal research re: aircraft lien, business and Professions Code" (I provided ALL of this info to him including references to the exact codes)

$375 for "anticipated closing fees" (including correspondence to the museum)

 

[Yimmers]

Well...your bills are small enough that you'd likely end up in small claims court with any disputes...

Yea, he probably has done what I would consider to be unethical stuff. But, he sent you an invoice and you paid the bill. For the future, get everything in writing if you do anything else involving legal work. Fees, scope of work, etc. That way, you don't get unexpected surprises. And if you disagree with the bill, dispute it. Ask for documentation of his work.

If it's really that close to completion, it's probably less hassle to finish with someone else. But I'd demand a copy of all the work he's done to date, and to make sure all your documents have been properly served/filed, etc. And you should probably outline in a letter exactly what you expect and a timeline you'd like the work done. Make it clear that anything beyond the scope of what you've delineated (such as contacting the museum), for example, requires advance notice to you and your written consent. That way, you can agree to the additional work being performed.

If the work is not close to being done, you can get a new attorney, and request all that the new attorney obtain the files from the old one. Will it be more money? Of course. You will have to make that decision yourself on what you want to do. But you don't sound happy with this one.

Don't expect the museum to be nice to you. They want to distance themselves from everything.

If you are concerned that this attorney may have blown something, I'd look up the state bar in your state for legal aid resources, or ask trusted friends/family members for other attorney references. Even the nearest big city in your state may have local bar associations that may be able to provide some assistance on what steps you can take next. Good luck!

 

[iLander]

Not sure if he's legally unethical, but he's certainly a shyster. Best case, he's lazy and incompetent. Worst case, he's verging on fraud.

You have every right to be mad.

Write him a letter, include the info that you put in your OP, and tell him you're considering submitting a formal complaint to the bar if your case isn't fully resolved by a specific date.

If he doesn't snap to, go on yelp.com and tell your story.

Then complain to the bar. Never make a threat that you don't fully intend to keep, I feel this is just a good policy.

 

[JewelFreak]

Yes, report this guy to the bar assoc. AND to the BBB.

May not have done anything illegal but he sure is unethical. It should be on his Bar record.

--- Laurie

 

[mary poppins]

I don't think this attorney is unethical, incompetent, shady or a fraud. Your frustration with the amount of time and cost this is taking compared to the first time is understandable, though.

Although you gave the current attorney all of the documents he needed from the last lien from the prior attorney, a prudent attorney would review the applicable law/statute to make sure the documents are in conformity with the requirements. I wonder, however, if the usual area of law he practices is in the realm for which you hired him. $750 at $250/hour is three hours which would likely be excessive if this is his usual area of practice, and possibly even if it's not. Regardless, perhaps this attorney is just not very efficient. Is the current attorney's hourly ate the same as the prior? Also, are the attorneys billing in the same time increments? Some bill in 15 minute increments and others in 6 minute increments.

You indicated that the invoice shows $100 for a telephone call from the museum's attorney, meaning your attorney did not initiate contact with the museum's attorney. The call last less than half an hour. Sometimes it's hard to end a phone call in short order whether or not there are valid legal matters to discuss. The likely reason the museum's attorney has not been responding to you is because he or she knows you are represented by counsel. An attorney is precluded from contacting a party directly when he or she knows the party is represented by counsel.

You said you gave the current attorney $2,000 for a retainer which he's exhausted. However, you have only provided an accounting for $850. What happened to the balance of the retainer? Is that the $375 you reference which would cause the fees to exceed the initial retainer? If so, the total is only a small amount more than the first attorney charged.

That being said, rules of professional conduct governing attorneys require that they respond to their clients in a reasonably timely manner, and in most instances enter into a written fee agreement. Contact the attorney by phone or email, tell him your concerns about time and money, ask what else he needs to do to conclude the matter, how long it will take and what will be. Also ask him if it is necessary for him to communicate with the museum's attorney, and if so, why. If it's not necessary, instruct him not to. If the exchange is by phone, send an email confirming the conversation. Oh, and you should expect to be charged for these exchanges. Attorney charge for their time. But hopefully it will light a fire under his a$$. Again, I understand your frustration, but this appears to be inefficiency and lack of attention which is not tantamount to fraud, shadiness or lack of ethics.

Good luck and I hope your situation is resolved soon.

 

[mary poppins]

That being said, rules of professional conduct governing attorneys require that they respond to their clients in a reasonably timely manner, and in most instances enter into a written fee agreement. Contact the attorney by phone or email, tell him your concerns about time and money, ask what else he needs to do to conclude the matter, how long it will take and what will be. Also ask him if it is necessary for him to communicate with the museum's attorney, and if so, why. If it's not necessary, instruct him not to. If the exchange is by phone, send an email confirming the conversation. Oh, and you should expect to be charged for these exchanges. Attorney charge for their time. But hopefully it will light a fire under his a$$. Again, I understand your frustration, but this appears to be inefficiency and lack of attention which is not tantamount to fraud, shadiness or lack of ethics.

Good luck and I hope your situation is resolved soon.

Must be too late to edit original post so I'm quoting myself. If you call and/or email as suggested above, you should explicitly state that you expect not to be charged for the administrative time necessary to discuss you concerns regarding the way you matter has been handled.

 

[TooPatient]

That being said, rules of professional conduct governing attorneys require that they respond to their clients in a reasonably timely manner, and in most instances enter into a written fee agreement. Contact the attorney by phone or email, tell him your concerns about time and money, ask what else he needs to do to conclude the matter, how long it will take and what will be. Also ask him if it is necessary for him to communicate with the museum's attorney, and if so, why. If it's not necessary, instruct him not to. If the exchange is by phone, send an email confirming the conversation. Oh, and you should expect to be charged for these exchanges. Attorney charge for their time. But hopefully it will light a fire under his a$$. Again, I understand your frustration, but this appears to be inefficiency and lack of attention which is not tantamount to fraud, shadiness or lack of ethics.

Good luck and I hope your situation is resolved soon.

Must be too late to edit original post so I'm quoting myself. If you call and/or email as suggested above, you should explicitly state that you expect not to be charged for the administrative time necessary to discuss you concerns regarding the way you matter has been handled.

Great reminder.

I think he bills by the quarter hour, but I'm not positive. We never got any sort of written agreement from him (which I thought was odd, but figured he must not bother if it is something as quick as this should have been). I do know the other attorney charged the same hourly rate (and had to do all of the initial research to compile the exact codes AND had to locate the mechanic since the last contact info we had was nearly 10 years old).

He went through the retainer and said (in writing) that he had also used an additional $2,000 of hours. The statement we have is just for the additional $2,000 and includes more than I included here, some reasonable, some border-line but I'd give the benefit of the doubt, and other not okay.

I left a message for a different attorney in the area to call me (came recommended from a very highly rated lawyer at a big lawfirm in the area that deals with this sort of stuff) so hopefully she'll be able to offer some assistance.


I sent an e-mail to clarify (since he seems to have not understood initially) that he is NOT authorized to discuss this case with anyone from the museum, their attorney, or anyone else associated with them. If they want updates about where we are in clearing this up, they can contact me and I will share information at my discression. --- To avoid any surprises, I also copied the museum's attorney and the guy who runs it. (I should add that if he had been working with them to get this done, I wouldn't have been as upset... What he was doing was keeping them informed about what was going on while not returning any of my contact - then billing me for the time)



There are details about this that I haven't shared here which are causing me to strongly lean towards filing a complaint with the bar. I don't take this lightly, but feel that there needs to be some record of this experience so other people can make an informed decision when selecting him to represent them.