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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55003
Experience:  Attorney with 29 years of experience.
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I red an attorney with a retainer at first month, then moved

Customer Question

I hired an attorney with a retainer at first month, then moved to a contingency after that, then after 7 months she said I needed to pay $5000 plus court costs as a retainer to file the actual lawsuit with another $5000 retainer once this retainer is used up at $185/hr...is this normal? Im not feeling as though I am being well represented. I thought I was suing and signed an agreement for age discriination and intentional emotional abuse... MY ex employer is withholding their signature to get my my 403b and my personal computer. I have had my attorneys ok to contact the AG, and president of my ex employer, a church...is this normal,
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.

Good morning. My name is ***** ***** I look forward to helping you.

I agree with you...you are not being well-represented and your lawyer has no legal right to keep changing the fee arrangement. I would suggest you raise the stakes on him. You should send him a letter by certified, return receipt requested detailing the history, terminating him as your lawyer, and demand he return your file, refund any money paid, write off any amounts he thinks are due, and pay you any damages you have suffered due to any failure to timely perform his duties. Inform him that if he does not comply with your demands within a short specified period of time, you will have no choice but to: i) file a formal ethics complaint with the state bar association, and ii) file a legal malpractice suit against him for your damages. Be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as a deceptive trade practice cause of action for his misrepresentation of his fee arrangement, which will entitle you not only to your actual damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your ethics complaint and your suit. In my experience, this letter is all you will need to send because the lawyer will comply rather than risk the loss of his license and punitive damages.

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