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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I RED A LAWYER TEXAS VOTED SUPER LAWYER PAST 13 YEARS k IN

Customer Question

i HIRED A LAWYER TEXAS VOTED SUPER LAWYER PAST 13 YEARS sANDRA k rOBERTS IN LUFKIN TEXAS , HIRED IN SEPT 4 2015 SHES KEPT ASKING FOR MORE AND MORE MONEY TO BE DEPOSITED INTO TRUST ACCOUNT , NO CHILDREN INVOLVED I OWNED A LLC CORP OILFIELD TRUCKING COMPANY BEFORE I GOT MARRIED 8 YEARS AGO. THE WIFE WAS CAUGHT SLEEPING WITH OUR COUNTY SHERIFF WHILR I WAS OUT OF TOWN A 2 AND HAL YEAR AFFAIR SHE FORGE 240 k IN BUSINESS CHECKS , STOLE 97 k FROM MY UPS RETIREMENT FUND SHE WASNT ENTITLED TO I WORKED FOR AND RETIRED FROM UPS BEFORE MARRIAGE SO IN A NUT SHELL IV PAID SUPER LAWYER TO DATE 21500.00 AND WE ARE IN JUST EXCHANGINGING OF DISCOVERY PAPERWORK. JUDGE ORDERED NO ONE SELL ANYTHING TILL FINAL DECREE, I ASKED SUPER LAWYER TO REQUEST HEARING TO ASK JUDGE TO ALLOW ME TO SELL THIS OILFIELD BUSINESS ITS LOST 19345.97 IN 2016 AND LOSING MONEY DAILY MY PROBLEM IS WHEN I TOLD SUPER LAWYER AFTER I HAD PAID HER 21500.00 AND HAD SEEN NOTHING FOR IT I COULDNT PAY HER ANOTHER DIME UNTILL SHE AT LEAST REQUESTED AN EMERGENCY HEARING WITH COURT TO SHOW MY DOCUMENTATION OF BUSINESS LOSS , AND SHOW HIM NEW SNAP ON TOOL BUSINESS PLAN I WILL PURCHASE AS SOON AS I CAN SELL THESE TRUCKS AND TRAILERS .. I TOLD HET THAT ON JAN 4 2016, SHE HAS NOT SPOKEN TO ME SINCE THAT DAY. NO RETURNED PHONE CALLS NO RESPONSE TO EMAILS NO RESPONSE TO A CERTIFIED LETTER I MAILED HER SHE RECEIVED IT MARCH 1 2016, WITH ME TELLING HER IF I DIDNT SELL TRUCKS OILFIELF EQUIPMENT WHICH WAS ALL MINE BEFORE OUR MARRIAGE ALL UNDER THE llc UMBRELLA OF PROTECTION I WOULD BE BANKRUPT, AND HOMELESS IN ABOUT 8 WEEKS ,,,,,, NO REPLY TO THAT LETTER EITHER. IVE BEEN ADVISED BY ANOTHER LAWYER BUDDY OF MINE IN A DIFFERENT CITY TO FIRE HER ASS GET YOUR CASE FILE AND HIRE SOME ONE THAT WILL GO TO WORK ASAP FOR ME BEFORE ITS TO LATE . MY FEAR IS THIS IF I TELL HER IM TERMINATING HER SERVICE AND SHE COME UP WITH ANOTHER 5--6 GRAND IN BOGUS CHARGES , IVE BEEN TOLD SHE CAN KEEP ALL MY CASE FILE EVIDENCE EVERYTHING UNTILL I PAY HER MORE THA THE DAMN 21500.00 IVE WASHED DOWN THE TOLLETT SO FAR . IS THAT TRUR , AND WHAT DO YOU SUGGEST I DO
Submitted: 9 months ago.
Category: Family Law
Customer: replied 9 months ago.
just answer the question
Customer: replied 9 months ago.
ok ive got to go run an errend send your response and my answer to my email***@******.***
Expert:  Samuel II replied 9 months ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

First I suggest you will want to write her a letter requesting she provide you with detailed invoices on how your already retainer and any other fees have been spent and what you have paid and what is owed. Once you get that and review, if you dispute any of the work or charges, you will write her a letter outlining your disputes. At any rate, you will know what she says she has spent in regard to you case and how. Then you will also know what she says you still owe and you will be able to tell if the money she continues to request is for outstanding work she says she performed or if there is a balance she is looking to have you pay.

If there is no balance, then you can make the request for your files and discharge her in the matter and find a better attorney as your friend suggests.

As a last resort, you can always file a fee dispute with the Bar Association.

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.

Customer: replied 9 months ago.
No you didn't answer my question of IF SHE CLAIMS I OWE LETS JUST PICK A GIGURE ,.,. 3750.00 more dollars if I fire her without paying that money can she legally hold all my evidence and case files ,
I've checked around this town of 29500 population the normal and customers feed for a divorce such as mine is about 10-12 thousand total start to finish I call 7 other lawyers asking what they would charge me , if I hired them , without their knowledge of my problem
Expert:  Samuel II replied 9 months ago.

Thank you

Yes, she can hold your files, if she claims you have an outstanding balance. But you will want to see the invoice so you can determine if in fact you do owe the money.

Expert:  Samuel II replied 9 months ago.

And if she is overcharging you or defrauding you on the billable hours, based on the information she gives you and you can determine she has not done that work she is alleging then I suggest you consider a fee dispute with the Bar Association. Once the matter is resolved, then you would be entitled to you file.

Expert:  Samuel II replied 9 months ago.

Now, any information that you supplied to her, such as your business records, tax records, etc you would be entitled to having that returned with out a copy of your file. That is your property. But as far as a file from her office she can withhold it until you pay. Keep in mind, however, that anything she has filed in court, you can obtain from the clerk of the court for a small fee per page of copy and administrative costs.

Expert:  Samuel II replied 9 months ago.

So any "evidence" you supplied you are entitled to having it returned without paying a balance.

Customer: replied 9 months ago.
She's over billed me on every visit
Her fee is $350 00 per hour
I always set the stopwatch on my iPhone whoever I use tongonfor a visit , she's just stopped working on my case will not request the hearing with the court / judge to show just cause to allow me to sell my money losing oilfield trucks trailers and equipment , I requested that she do that on Jan 4 it still hasn't been done and she's stopped communicating with me completly
She has all kinds of land deeds , records that show I owned the company before marriage all I took to her , I took her all my bank statements she has to give that back right ?
My lawyer friend from Dustin tx suggested fire her ASAP get the hearing with judge before I'm bankrupt and file complaint with state bar , and greviance
She charged me 3 hours at 450.00 per hour for office visits when my stop watch showed 1 hour 20 min
148 min
Snd 2 hour5 min
I've been billed 4 hours for her to accompany my wife to my home to retrieve her clothes the lawyer was here 1 hour 20 min charged billed me 4 hours , I hit to get a hearing before the judge ASSP it of paramount importance , critical this happens ASSP this week or I'll be bankrupt lose my home and rental property's
What exactly can she keep what's her case file she can keep and what can I get ? Can I get EVERY DOCUMENT I TOOK YOBHER TONUSE ON MY CASE
Customer: replied 9 months ago.
Answer this one and you've earned your fee tonight and thank you for your help
Customer: replied 9 months ago.
How do I say I'm satisfied and your entitled to your fee
Expert:  Samuel II replied 9 months ago.

Hello

Thank you for the follow up questions.

She can keep everything as far as what has been filed in the courts - which I stated you don't need from her file, as you can get copies of what has been filed from the courts. And information you have provided as to "evidence" or your personal notes you can get without paying a balance of the bill. If you consult with a local attorney, they can write her and obtain those documents for you.

Any and all documents in an ongoing matter that you need to continue your case, and with a good faith basis for not paying a portion of the fee, she cannot withhold critical papers. Even after the attorney-client relationship is over, the lawyer has a duty to assist in an orderly transition to replacement counsel to minimize prejudice to their former client.

Expert:  Samuel II replied 9 months ago.

To provide a positive rating, you can use the rating system above. If you are still not sure how to rate, you can use this LINK and chat with a moderator who can lead you through the rating process. Thanking you in advance for a positive rating. You can always return to this thread with any follow up questions you may have.