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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 85781
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My rpts indicate and I asked for endoscopic brow lift. After

Customer Question

My rpts indicate and I asked for endoscopic brow lift. After waking up I realized that he did not do that procedure. I know because I am a surgical RN. He did what is known as an open procedure with 2 inch incisions on each side of my head. The odd thing is that he labelled my op rpt as endoscopic brow lift which involves tiny incisions at the top of the forehead with the content which indicates open procedure. No cameras etc. Last June I went to an atty and she said she could do the job for $3500.00. $800.00 retainer. She indicated that this would not be approached as medical malpractice, but as contract issue. She agreed that I would make payments however the balance would be due by the hearing date. I made payments and did not make regular payments over the last 6 months as she has not done anything until recently as the deadline for the filing was just recent. All along the way she kept asking me for money, and dropping hints that she needs more money. Now she is trying to find ways to pull out, trying to say that I did not mail a letter in that was needed, which I did, stating that the entire monies was the retainer when it wasnt. Just anything to toy with me and stating that she just might withdraw saying that she needs more money. What is my recourse. Can she pull out when I have a contract with her? The money she says she has received from me doesnt match what I paid her. My bank is gathering up the info. Something very odd is going on. Please advise. What a mess.
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
She should have given you a written Retainer agreement. Additionally, under the rules of conduct, she is liable to provide you an itemized statement and if you disagree you have the right to present her with proof of all of the payments you made. The bar rules required her to have the written agreement and provide written itemized statements, so if she refuses you would file a complaint with the state bar. As far as her withdrawal from your case, she could do that if you file a complaint with the bar and then you would have to sue her for malpractice or breach of contract with you for taking a fee and not filing anything she promised in your case.

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