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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116140
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My lawyer wanted a 15,000 retainer. I did not have it as my

Customer Question

My lawyer wanted a 15,000 retainer. I did not have it as my 11 was turned into a 7 due to lawyer errors.
My lawyer accepted my 11,000 Rolex and my 30,000 dollar paid off Jag pink without a written agreement.
She never sent me a bill till now with 54k which is twice of whatvantinecwoukd charge. She is now going out of business- holds my collateral hostage and refuses to send me a itemized bill. She wants 54k that's it no discussion and won't return my items.
What legal violations is she facing.
Refresh.'
1. Accepting collateral as a guarantee of payment down the road without a written agreement of this collateral.
2. Never sent me an itemized bill- just threw outta number 54k and pay it.
3. Won't respond to discussion of a fair fee. I have 26k prepared for her she is stuck on 54k- twice what is normal- she is holding my items hostage unless I pay what she wants
4. She made monetary mistakes of 500k. Denies the mistakes although the trustee was clear if her mistakes and put herself in jeopardy with me.
5.Refuses to send me an itemized bill.
Please respond the violations so i give her case law, a certified letter
6. Should I sue her and not pay her and hire a malpractice attorney. The case is still not done yet
Another issue
Please advise adap
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

She is facing CIVIL violations of malpractice and breach of contract, first and foremost. You have to file suit against her for the errors she made and the damages her errors caused you to suffer (if she has malpractice insurance, which she should have, they would cover this or represent her in the complaint).

She also has violated the rules of professional conduct with regards ***** ***** billing and charging of clients and failure to communicate with clients and failure to provide a proper itemized bill. She also was supposed to have a written retainer/representation agreement with you, which is also a violation of the rules of professional conduct. Violations of the rules of professional conduct do not get your money damages back and you have monetary damages from her malpractice, so you need to do both file suit and file a complaint with the state bar against her for the violations of the rules of professional conduct.

You need to send her a letter informing her that her conduct violates not only the rules of professional conduct which you intend to report to the board, but also constitute malpractice in that she was negligent in filing the bankruptcy and caused you harm.

Customer: replied 1 year ago.
W do have a contract but it does not entail the collateral which is more than the case is valued. We have a deep coming up and a arbitration- now what? Unthought to pay her what's I feel cause I deal with lawyers 25 years- she is 2nd to worse. Do I convince her take some then sue her? Or write a letter of violations to make her respond- can she do something nasty like sue me when I have 25 emails trying to pay her and get an itemized bill.
Please respond
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

You would do best with pending arbitration coming up to try to find a new attorney to take the case and then sue her for malpractice. If she has done this to you thus far, negotiating with her to take some and continue would likely get you more poor performance you are describing.

You need to find a new attorney first, then write your letter to the disciplinary board with your complaint and then pursue her for malpractice for your losses caused by her improper conduct and to recover your collateral along with other damages.

Customer: replied 1 year ago.
Last question
I did not have to BK I was worth 5 mill and a mansion
She took over the other lawyer mess who lost his license cause I was on my death bed and advised a 11 then cancel it when I recover. The court saw all the money and took it all through a 7 whereby my lawyer then never followed through to cancel the 11. Then she took over a 2 bit oboe this other guy. They took all my money that's why I used collateral.
My X And I are high profile and he's all over the paper for beating me and another girl in 1 year- a DUI 6 months prior.I went forward with DA the other women allowed him to beat them up cause he's a "lawyer" yes he got away with it.
I filed a legal cival- my injuries are way over 100k.
Because I went against him he's in a vengeance and placed a 65k claim against my estate. He's racking up hours to make me suffer.
1. She won't return it mail my file to the state bar. Been 2 months now and won't return my originals so I can do it myself.
All I told her is read it and put in stacking order with the debilitating pictures of me and the other woman. He was my serious marriage type relationship and put in this claim while we were still very much sexually involved. I found out later he put a claim. Same thing- I met him 15?years ago and he was my lawyer with a contract I paid him in full. Then 15 years later he's my full time man a commited relationship. No bills
No contract
Work he did do for me was for our family.
Now he wants a depo before arbitration a waste of money and time.
He just wants to put me in hell and get info on the cival case. Does he havevthecrightvto a deposition prior to arbitration by law.
2. I justvwantvtobdownload iteration and get done with both of them.She won't answer me this simple thing.
Also my doctor note says no working or meetings till January. My condition is acute
Permanent and half due to ***** *****- because of me the law changed.
Look up
PATRICIA De Luca Robert Wod will come up in the mercury news.
Lawyer revoked as arbitrator
Laws are changed
Etc.
Summary
1. Since she will not answer me.
He has depit set 11-24- I can't make that date due to my numerous doc spots and am I required to let him depo me prior to arbitration
2what law to avoid this till after arbitration or not at all- that can be done in cival case
3. Can I circumvent since in getting no judge and see judge with my dilemma.To can we demand binding
The us trustee cause he filed a claim holds this money and said fight it on your own he will lose.Those questions relating to this file.I have other questions on other cases due tongues original one but I need a phone conference.
I prefer to work with you since you now know the case.
I pay you on my card
How do I get you again later after this questions- I have to go pickup my meds now and see the heart doc.
Thank u
Customer: replied 1 year ago.
Sent
Please respond today
Drafting letter
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

She has to return your originals and your files and that would be another violation of the rules of professional conduct. You need to send that complaint to the state bar as part of your complaint.

You need to go here and get another attorney and proceed against her for the malpractice as well and also seek to get compensation for what this has cost you.

Customer: replied 1 year ago.
Can I get a malpractice attorney and another attorney with your firm
2 ques not answered
1. Is their a absolute requirement for a depo from a live in boyfriend lawyer with no contract
2. Can we go strait to arbitration
What is the section code.Then I hire you folks take the case and malpractice
I have 2 others as well that I can use your firm
Same 2 lawyers that managed to pass the bar
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Our site is not allowed to represent anyone from this site, it is forbidden by state law, which I am sure you can understand. To get a local legal malpractice attorney, you can go to one of the same sites used by other attorneys, http://www.lexmundi.com or http://www.hg.org.

1) There is no absolute requirement for a deposition. Depositions are taken to preserve a person's testimony and to also find out what they will say prior to arbitration to determine how best to use that testimony or defend against the testimony.

2) You can go straight to arbitration in accordance with your arbitration agreement, it is not part of the code.

Also, if you go to arbitration it then becomes very difficult to vacate that arbitration award in the court as the court can only vacate arbitration on very narrow reasons (obtained by fraud, contrary to law or contrary to terms of contract) and if this arbitration is not mandatory, you may want to consider not using arbitration and going to court, where it is a bit easier to appeal any adverse decision.