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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
Satisfied Customers: 1288
Experience:  Lawyer
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I re a lawyer to fight a traffic accident ticket, my fault,

Customer Question

Hi, my name is Eliza. I hire a lawyer to fight a traffic accident ticket, my fault, reckless + 6 demerit, happened last year Dec. Under his suggestion, I am going thru therapy and I was told by him that by the end of the year I will get some money as well. However, do I have a good reason to 'abduct' him now as he's been rude to me. Several occasions I called him tried to correct some mistakes made on assessment report made on insurance arranged agent, e.g. I was not pregnant on the time of accident, but in the report, I said I was pregnant.. My lawyer said never mind, it's irrelevant. Other times, I wanted to contact him to discuss case progress, he said he had no time for my shit. I said he's rude and owe me apology. He said there's no need, as he thinks this is normal. There was one time he asked to meet me at one Tim Hortons without giving me exact address and I was driving 4 corners to look for a Tims and he called asking where I was, he said he already waited 5 mins.
I am now under psychological therapy which is part of the therapy and consequence of sufferings after the car accident. But I'm so stressed and scared to have to talk to him as he always yells at me when I want to know his opinion, or tell him any mistakes on insurance report which I found out and wanted to be corrected.
Do I have a ground to fire him without paying him a dollar? I even want to sue him for discrimination and negligence and unprofessionalism.
Your comments would definitely help me clear my way.
Thanks
Submitted: 7 months ago.
Category: Canada Law
Expert:  Daniel Freudman replied 7 months ago.
If you fire him without paying him anything then you risk him suing you for the fees for his services rendered. However, if the amount is not too high, or if he doesn't care much, he may not decide to sue. Even if he does sue you, that is when you could raise these arguments that you don't owe him any money because his services were of absolutely no value. You could argue how he was negligent, rude, and didn't even listen to you (eg re pregnancy). In other words, his services were so poor he did not fulfil his contractual obligations to provide you with professional services, and thus you meedmt fulfil your obligation to pay for such. For example, if you went to a restaurant and they brought you the food you ordered but it tasted rotten, you could hypnotically refuse to pay. The restaurant could then hypothetically sue you, to which you'd respond by saying yes they brought you the food you requested but the food was so rotten it was of no value and thus you shouldn't have to pay for it.
So in summary, you can fire him if you want. You can also refuse to pay, though he may sue for the money he feels he is owed. If such happens, then you would argue how you don't owe him anything because his services were so poor that they were of no value.
Hopefully that answers your question.
Customer: replied 7 months ago.
Hi Daniel,
1) if you were me, will u fire him and don't pay until we come to an argument and settle?
2) Please no hard feeling and no offence, the information you provided has not given me something that's beyond my knowledge that's why I ask question 1)
3) if you said 'yes', are u ready to take over to give him a letter representing me, and convey my grief? how much will you charge me?
4) how much will you charge my credit card up to now?

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