Thank you for your new question. Try this:Dear attorney
I don't remember that I discussed with you about the fee agreement "many times" as you stated. In fact one of my problems with you is that you never communicate as you are supposed to do as the Rules of Professional Conduct mandate (you even never answer my phone calls and e-mails ).
For more then three years I never heard from you that you would “collect “payment and communicate with D as a purely informal favor for me. Part of your job in representing me was to not only get the judgment but to make sure it was paid to me. Regarding contingency free agreement that you refer as only our professional relationship as legal fees the”-monies” shall distributed between me and you, if you do not collect any judgment there are no fees due to you. Concerning same agreement you should ”provide legal representation to clients, through trial ,arbitration or settlement..”
Regarding schedule in settlement agreement (signed May 10,2010) that was for period two years(2010- 2012) as well as schedule payment from (2012 2013 ) that you drafted yourself (without my involvement) for D you was actively involved in “collect “ monies from him and never point out that you do as favor for me. During that time you "collect" 60% your portion of money. In mean time you indicate that your obligation provide legal service when you obtained judgment for me which we received in April 15,2011 ( if I need point out??) In April ,2013 I drafted new payment schedule for period 2013-2014in same manner that you did in 2012-2013 and ask you to send it to D Since that time I send you over eight (8) e-mails repeatedly asking to send this letter to him .You never responded .Only when I state that I have to take to start further action you respond that it is your right as my lawyer to refuse to engage in tactics that is no prudent in your professional opinion .When I ask you please outline for me the prudent course of action you are planning on taking you replay:” I have no plan other than to keep pestering him’ Only when I mentioned that I have no choice but to consider pursuing claims for your violation you send me this letter(7/11/13) that you devoted so much space and failed answer on my question.-way you didn't send D new payment schedule that I draft and never communicate as you are suppose and only manipulated whit your answers. Your statement “…that I am obligated not only to pursue D on your behalf but also to do so in the legal manner you dictate..”
I pointed out many times that drafted new schedule payment in same manner that you did last year. I also mentioned that I do know that any payment schedule with him at “this time “or any other time” is meaningless.. In the mean time it is necessary to have information of what was paid , unpaid and total principal amount to be paid for period 2013-2014 and it is also one way to prod him for the money which is corresponds whit your plan” keep pestering him” Finally in same letter(7/11/13) you state” It seems especially unfortunate because Kristul actually appears to be on the verge of getting new funding and has expressed the wish to make a substantial payment to you as soon as he does so.”
I can’t share with you this positive statement because in letter that you send two day ago (7/7/13) you indicate “No way to know if any of this is true. [email protected] Letter from my attorney As we have discussed many times, the parameters of our professional relationship are entirely controlled by the terms of our fee agreement. As we have also discussed many times, I have no obligation, under those terms, to participate, or to assist you in any way, in trying to collect from D.
Every obligation I had to provide legal services to you ended when I obtained a stipulated judgment for you -- in an amount, More important, since you now seem to assert -- incorrectly -- that I am somehow violating my "obligations" to you, and further threaten to make "claims" against me, I don't see how I can continue to do the favors for you that I have been doing or otherwise voluntarily to assist you in any way. With reference to my entitlement, under our fee agreement, to 17% of any monies you collect from D, you leave me little choice but to file an attorney's lien on the judgment, putting D-- as well as you, and any collection attorney you may hire -- on notice that any payments made on the judgment must be divided and paid to both of us in accordance with the terms of that agreement. I am truly sorry things have come to this. It seems especially unfortunate because D actually appears to be on the verge of getting new funding and has expressed the wish to make a sub
It seems especially unfortunate because D actually appears to be on the verge of getting new funding and has expressed the wish to make a substantial payment to you as soon as he does so. For reasons I fail to understand, you insist upon ignoring the realities of D financial situation and upon arguing -- contrary to the terms of our fee agreement and to your repeated acknowledgments of the terms and effect thereof -- that I am obligated not only to pursue D on your behalf but also to do so in the manner you dictate, no matter how misguided. You are simply wrong on all counts.
I now hereby demand that you complete your service to me as you are obligated to do and pursue collection on this settlement, as you have already started to do. Failure to pursue collection in the proper legal manner will result in me having to pursue further actions to secure my settlement money from you.
If you believe I have misunderstood your position on this, or if you have any questions, I am of course willing to speak with you at any mutually convenient time.
This time, if you do not like his response. Stop dealing with him, file a complaint with the state bar and seek a local legal malpractice attorney to pursue him for malpractice and all of the costs and damages you have suffered.
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