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I do not want to take too much of your time with this, but I do have a follow-up (or two).
Do I need to be detailed with my Affirmative Defenses? For instance, in your 2nd one, "Breach of contract, in that he failed to provide a proper accounting and itemized invoice proving you owed him any money other than what you had already paid him." Of course some words would have to be changed around, but would this suffice? Or do I need to go into total detail?
I guess my only conundrum here is that I paid all of the other bills and all of them we written the same way - I gave a large retainer, and they just deducted the amount of the bills from the retainer. So, I am not sure if I have a leg to stand on, considering this bill was written the same way. I wouldn't want that I paid the other bills to establish precedent.
Also, he cites a law where it says that fee arbitration is not applicable because an opportunity for arbitration was provided and I did not timely exercise my right to engage in an alternate dispute resolution medium. No idea if this is even factual.
I replied. Is there an update?
What is happening? I asked the question again. It is Locked. Now, some Dave Kennett agrees. I asked a followup and it's being ignored.
You have my apologies. I did not know how the system works.
Last question, and then I will be out of your way. What language should I use for what I affirm and what I deny? I know it's a simple sentence, but which do you suggest?
What if something in the paragraph is partially true, but the other stuff is not? How should that sentence of the answer read.
Thank you. I am so happy for your replies. Last questions.
What do I write for paragraphs where he states and realleges things from earlier paragraphs? No I write n/a or something like that?
Also, can I raise the affirmative defense of unclean hands?
I am being sued by a former attorney. I did not pay the last bill because I did not feel it was just and nothing was itemized. Prior statements were not itemized, but I didn't thoroughly look those over because I gave a large retainer. He would just write 10 HOURS - WORKED ON CASE. Nothing more, nothing less. On this last bill, where the retainer ran out, I am refusing to pay because nothing was ever accomplished and I have no idea what he did.
Am I in the right here? Is this unclean hands too?
When you wrote ACCORD AND SATISFACTION: I just need a way to write what you wrote, but can't say the last part, because I technically paid when the invoices were not itemized.
Statement of Client’s Rights (22 NYCRR §1210.1)
Thus, you can use his refusal to provide the itemized bill on request, a violation of the Rules of Conduct as your unclean hands reason.
You can write Accord and Satisfaction in that you claim you paid him all he was owed and there is no proof provided you owe him more.
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