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Law Educator, Esq.
Law Educator, Esq., Attorney
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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To just Answer Paul MJD 6-25-2013We have settlement

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To just Answer Paul MJD 6-25-2013
We have settlement agreement-judgment. Regarding schedule payment in settlement agreement (S.A) and fee agreement with attorney defendant should send check to attorney trust account .Attorney keeps his portion and sends my portion to my account. S.A. was for two years from April 15, 2010 to April 15 ,2012. In April 15, 2012 attorney drafted new schedule for period April 15, 2012 to April 15, 2013 and send official letter to defendant.. Since defendant did not paid off, I drafted new payment schedule for the period April 2013 -2014.asking my attorney send to defendant (Attorney collect already 60% his payments)
In this schedule I also remind what defendant paid ,unpaid and total principal amount that has to be paid for the period 2012 -2013 .
For around three months my attorney consistently does not respond to my e-mails and calls on his cell phone concerning new payment schedule and confirming payment that defendant paid for period 2012-2013. I even reminded him that this is illegal and is a clear violation of his ethical and professional obligation to me as his client. No any reaction
I found out that defendant send in beginning of the March 2013 check to attorney ( it is 100% for sure) which he newer send to me my portion (I believe this is reason way my attorney did not answer and confirm amount that he received)
Therefore I want ask you the following questions:
1. Should I call him and remain him that his action are illegal and use this as a leverage to make him more ethical in his obligation?
2. Should I complain with the state bar office of disciplinary counsel regarding his failure?
3 Can I use this unethical occurrence and dismiss him and no paying him remain balance?
4 Draft with him new fee agreement ?
5. What is your advise?
[email protected]
XXX-XXX-XXXX
Thank you for your new question and update.

At this point, you need to first send a letter to the attorney that the rules of professional conduct require him to communicate with his client and also require him to surrender payments to the client within a reasonable time. Tell him in the letter that his failure to comport to the rules of conduct will result in you having to consider further action and give him 14 days to do so and you would hold him in breach of contract and not entitled to further payment.

If he does not respond to your letter, then you need to file your complaint with the disciplinary counsel regarding his violation of the rules of professional conduct.

If he fails to comply, in addition to filing your complaint you would also dismiss him based on breach of contract.

I would not draft a new fee agreement with him, I would terminate him and file a complaint.



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Customer: replied 3 years ago.

Thank you for answer


1.What is for the14 days that I will give him? To answer my e-mail 14 days!


2 Should I indicate the check and date that defendant sent him and he never sent me?


3. Should I indicate time to return my portion?


4.How seriously is attorney illegal action. (in scale from one to ten ),-. that he received and hide the check ,which belong to me and never told and sent me my portion of this amount (until today for four months now ) [email protected]

You should not be sending this by email, I said a letter and it needs to be sent regular mail and 14 days is a reasonable time to respond to you.

You should in your letter mention the date of the check and the amount he never sent you.

You should demand your attorney submit your payment to you as he was supposed to.

Failure to surrender client funds in a reasonable time is grounds for suspension of your practice of law and it can be anywhere from 30 days to a year or more depending on the amount of money and malicious intent.
Thank you for your question. Failure to pay client funds and intentionally misrepresenting receipt is generally about a 7 to 10 on the seriousness scale.
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