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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 23923
Experience:  9+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Can a lawyer not respond to calls?

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Can a lawyer not respond to calls?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. Has the attorney been retained by the client? If so, what are the call in regard to?
Customer: replied 3 years ago.

The Law Firm was retained by my grandmother to handle several loans she had given my uncle over a period of several years that he had decided he no longer wanted to pay for because the interest rate is too high. The firm ended up serving all of the tenants living in the properties a notice to pay me rather than him. He ended up paying on all of the loans we had deeds of trust on but not any of the personal loans. At the time my grandmother had brain tumors and she was unable to speak so I did all of the talking. When the attorneys took over for her estate attorney they found additional notes that he had not been making a payment for as well so his payment ended up being very close to the same amount it was before he stopped making the payment on the personal loans because we had no promissory notes. He also had to pay all of the attorney fees. Therefore, my grandmother did not pursue the personal loans as well as a loan on one piece of property for 77k which was just a down payment so she had no deed or promissory note to prove she gave it to him in court. My grandmother ended up disinheriting my uncle over all of this and when she died last year in June she left me all of her net income. This net income comes almost exclusively from the money my uncle owes on these properties. Now, he has decided he no longer wants to pay for these loans again unless I can come up with the original promissory notes and deed of trust. Well I don’t have the original promissory notes on some of these but I do have all of the original deeds. Therefore, I told the trustee to contact the attorneys and tell them to serve his tenants again and send him the bill. He is telling me that he tried to contact the attorneys and that the firm is dissolving. The first attorney who had the case left right after she filed some documents with the court that ended up not getting done because the margins were wrong according to what I saw on the web site for the recorder’s office. We were told when she left that a new attorney would be taking over and that it would not cost us anything for the time spent getting him up to speed on everything. This was false they charged my grandmother for every phone call even if they just left a message. They charged her to file the documents that I happen to know where never filed because of the margins. Now they are telling the trustee that he is not with the firm anymore either. Surely, this cannot be legal for them to just abandon us this way after all the money that has been spent? They are not even responding to the trustees calls according the trustee.

Thank you for the additional information. An attorney has an obligation to keep their client up to date, on the status of the case. This includes any developments, along with returning their phones calls and emails, within a reasonable time. Moreover, the attorney is expected to act in their clients best interest. If they are not doing this, allowing a case to sit idle and not moving it along and essentially doing nothing, they could be subject to discipline by the Bar Association. Even if an attorney leaves a firm, the case is typically the responsibility of the firm itself, not just one attorney. As such, they would need to again the case to someone to take over. If their failure to act results in damages to the client, they could be held liable and subject to a malpractice lawsuit. In a situation like this, you can always threaten to file a complaint with the Bar, which should result in them responding.

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