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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89589
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Dear XXXXX MJD I am sending answer to my attorney and also

Customer Question

Dear XXXXX MJD I am sending answer to my attorney and also partially his letter .Please edit if you could and your advise D-defendant 1.Way he pointed only fee agreement. How about settlement agreement. Where I could found? 2.He need send new payment plan I will be happy to dismiss him but I cannot afford to pay him 40% and hire second attorney. Of course he afraid claims .. Because he could be wrong and also uncomfortably for him Dear attorney I don't remember that I discussed with you how you state "many times" fee agreement (that signed August 4,2009)or any subject for reason that you are never communicate as you are suppose as lower with ethical and professional obligation ( you even never answer my phone calls and e-mails ) Around more then three years I never heard from you that you “collect “payment and communicate with D is purely informal as only a favor for me .Regarding contingency free agreement ( that you refer as only our professional relationship ) legal fees the”-monies” shall distributed between me and 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 you dictate..” It is no thru and looks to me wrong and demagogue. I point 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.XXX@XXXXXX.XXX 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.


 


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.


 

Submitted: 1 year ago.
Category: Legal
Expert:  Fran-mod replied 1 year ago.
I have notified Paul that you are waiting for him to answer his question. He will see my message when he checks his email.
Expert:  Law Educator, Esq. replied 1 year ago.
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. XXX@XXXXXX.XXX 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.



I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

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Customer: replied 1 year ago.

Dear XXXXXMJD


A. If you see In my letter i state"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??) ".... and I am not sure that regarding
the meaning of letter it make sense or not.This is reason that i put question mark.
B .My main purpose that attorney after all will be agree to send new schedule payment to defendant and promise to do it.This is all our letter about.Please let him know in same letter.
.I also want ask you To answer my question 1 Thank you

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you, XXXXX XXXXX sorry for missing your question, but when you lump everything together like you did above it is hard for us to pick things out.

You do not need to point out the date the judgment was received he knows that date.

You need to tell him clearly what you want him to do, which is what I put in at the end of the letter.

To answer your first question. The fee agreement would contain the scope of his services and you need to read that to see what exactly he agreed to perform for the fee under that agreement. However, the fact that he did continue on and made efforts to collect, regardless what the fee agreement stated, he bound himself to properly collect fees and not do so in a negligent manner as he is doing.
Customer: replied 1 year ago.

Dear XXXXXMJD


1.In your statement:”You need to tell him clearly what you want him to do, which is what I put in at the end of the letter "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 “ But I also want him agree to send new schedule payment to defendant. This is all our letter about. Please let him know in proper way . In mean time my attorney have have told that S.A. only between me and D.Is it correct?


2.In your edit letter” Part of your job in representing me was to not only get the judgment but to make sure it was paid to me. Regarding” but to make sure it was paid to me”. Where it is coming from?


3 It is necessary any our comments in his letter where he state “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” dictate??


4.In your answer” You do not need to point out the date the judgment was received he knows that date” My question,-only date and how about rest XXXXX@XXXXXX.XXX

Expert:  Law Educator, Esq. replied 1 year ago.
1) you can add that part in there, as you know we do not write letters for customers and what I put was merely a suggestion you are free to edit.

2) This is part of the duties of the attorney to provide complete representation.

3) I do not know what he meant by that, since he is not obligated to pursue an illegal or even improper or inappropriate means of collection (which you are not asking for).

4) You do not need to include anything other than mentioning the judgment, he knows what judgment you are talking about.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89589
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Dear PAULMJD


Thank you very much for help. I am very sorry to bother you so long time.. Regarding my question 1. I need only your opinion “Yes’ or ‘No’. If i need ask him to send new schedule payment. I can not understand way he don't want to send

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

YES, you need to ask him to schedule new payments if that is what you want.

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