Not to make generalizations, but what's the deal? Any insights?

This is regarding one particular lawyer who did a great job and helped win a case. But I'm beginning to wonder about a few things:

a) He made us wait for over an hour after our set appointment time. When we finally got into his office, he was interrupted numerous times by other clients. What should have been an appointment from 11:00-12:30, ended up taking 4 hours! It was more like 11:00-3:00pm.

b) We signed a contract which requested a timeline/invoice after each meeting, an option which he offered. The case closed two months ago. Not one invoice.

c) We were promised the return of a portion of the retainer fee if the case was won easily according to his $150/rate and the time it took. He owes us about $400. No invoice, no return...yet.

d) He did not communicate clearly the price of a translator. He said it would be $100 an hour, but did not mention that the translator HE hired lived in San Jose and would charge 2 hours for commuting time alone, even when he ended up not being needed. This came as a bit of a shock.


Now these things ring as a bit shady. Or sloppy. Or something. Is there some unwritten rule, that lawyers can get away with these slippages, because people are desperate and depend on them and in this society, they hold a certain amount of power and sway? Or are lawyers so overworked, they can't tend to these minor details?

This is involved an immigration case of a man who earns less than $10 an hour and who was at the risk of deportation and further legal battles. Does he not deserve to be treated with the kind of respect I would expect from, say, my auto mechanic?

there are a lot of unscrupulous attorneys in the world, unfortunately.

attorneys are accountable to the professional board of ethics in the state in which they are licensed to practice, and can lose their license to practice law if they abuse the principles they are required to uphold.

you should write him a letter, clearly outlining the complaints you have and giving him a deadline by which to resolve the issues you have. keep a copy of your letter let him know you are willing to go over his head if necessary.

Find a good one with integrity, you've got gold. I have at least three friends who fall under that category...

So, watch the baldhead jokes.

XxAxX said:

Thanks, I'll work on a letter and check with the professional board. I was so relieved when this case ended, but I guess I have to trudge through more BS...

ThreadBare said:

What looks good on a lawyer...?

You had a very slimmy Lawyer. Many Lawers are slimmy, and they know the shit they can get away with. They do it out of sloth and a sence of control.

heartbeatocean said:

call the american bar association in your state. they can help you get started

MickG said:

I really, really liked him because he offered a lot of support at an emotionally stressful time. But it does seem like he has the power to just let things slide...or a tendency to be negligent. This is disheartening and could be perceived as exploiting our needs.

I don't like attorneys, personally. Used to work with them and then got out of it, because I just didn't like the atmosphere nor the people I worked for/with.

heartbeatocean said:

Oooooh...

Oops I said that outloud.
[Edited 5/10/06 15:02pm]
[Edited 5/10/06 15:03pm]

Well, I'm a lawyer myself... so here's my take on it.

heartbeatocean said:

That's incredibly unprofessional. I'm always ready to meet with a client on time, and unless it's an emergency, I have telephone calls routed to voice mail or a message taken. If you're paying $150-$200 per hour for my time, you deserve my full attention.



That's potentially a violation(s) of the ethical rules governing lawyers.



There are two types of "retainers." The first is a flat fee paid to maintain the attorney-client relationship and (sometimes) perform some specified tasks. This is sometimes called a "true retainer."

The second type of retainer perhaps should be called a "fee advance" instead. I might agree to take your case if you'll pay me $5,000 in fees up front. But here's the catch: I have to keep them in a separate account (the "trust account") until they're actually earned. Why? Because at that point, it's not my money.

Now, once I've earned fees, I can then move the appropriate amount of money out of the trust account and into my account (the "operating account"). Typically this is done once a month. But if there's money left in the trust account after the end of the representation, I have to return it to you -- it's your money.

It sounds to me as if you had the second type of "retainer." And from the lawyer's perspective, playing games with the trust account is playing with fire. I'm sure it's one of the most common reasons (if not the #1 reason) why lawyers get disbarred.

So, in sum, another potential violation(s) of the ethical rules governing lawyers.



Yet more potential violation(s).



I'm not sure I'd call it a "unwritten rule," but I do think that's how some lawyers can get away with these things.



Hard to say. I suspect it's a common problem, but when I read the disciplinary notices in the monthly state bar association magazine, they often don't say why the misconduct occurred.

Interestingly, one of the most common complaints filed against lawyers is failure to return phone calls. I don't see why this is such a problem -- excluding non-business days -- I always call back within 24 hours -- but maybe being overworked is the cause.

I agree with XxAxX -- find out what entity is responsible for lawyer discipline in your state and file a complaint. You should also consult with another lawyer concerning claims that you might have against the first lawyer (e.g., overbilling and not returning the money in the trust account that belongs to you).

[Disclaimer: The above is for discussion purposes only, is not legal advice, and creates no attorney-client relationship.]

Q: What does a lawyer use for birth control?
A: His Personality.


Q: What can a goose do, that a duck can’t, that a lawyer should?
A: Stick their bill up their ass.

Q: Why did the California State Bar come out against sex between lawyers and their clients?
A: They didn't want the clients to be double billed for essentially the same service.

ThreadBare said:

A doberman.

matt said:

Thank you so much for breaking this down! The org is such a valuable tool. I have never worked with a lawyer before so I had no idea if this was common practice or an anomaly or what, so it's nice to have your perspective. I would think that all professions would have people in it who had integrity, were organized, respectful and punctual. Not returning phone calls also was a problem too,though he was better with email.

heartbeatocean said:

Hahahahahaha! I love it!!