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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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I paid an attorney to represent my son the attorney has

Customer Question

I paid an attorney to represent my son the attorney has missed 2 court dates and have yet to speak with my son. Each time I speak with the attorney his answer I will see him tomorrow.
Submitted: 8 months ago.
Category: Legal
Expert:  Sam replied 8 months ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

I am sorry to hear that the attorney does not seem to be working on behalf of your son. Can you tell me, please, you paid him a retainer fee? Do you know why there have been postponements?

Expert:  Sam replied 8 months ago.

Also, how long ago did you pay the attorney?

Expert:  Sam replied 8 months ago.

First of all, remember that a good attorney is a busy attorney. And so the attorney could be working on other matters that are more pressing and needs to establish priorities. And while you do not want your son sitting in jail, it is possible the attorney knows already that a deal may need to be struck and could be talking to the prosecutor in the matter, too.

At any rate, keep in mind that every time the attorney communicates with you, that time is being deducted from the retainer you provided. So you should keep your communication to a minimum.

Now, I suggest you can write the attorney a letter, you can mail it certified with a return receipt requested so you can see when he has received the letter. In the letter, you can state that you paid him whatever amount on such and such date to represent your son in the matter of whatever it is. You can state that you have communicated with him on whatever dates and both times he has said he will visit and talk to your son "tomorrow" but it seems tomorrow never comes. You can state that you understand he is very busy but he should not continue to tell you he is going to represent your son and talk to him, if he knows he cannot.

Request that he respond to your letter as to what his game plan is - is he talking to the Prosecutor before he talks to your son? That is possible. There are a few things that are going on here. I don't suggest that you tell him you will file a complaint with the Bar Association, because that may only make him decided not to represent your son and return your money.

But if he does not respond to your letter in a way you feel will benefit your son then I suggest you can file a complaint with the Illinois Bar Association. Keep in mind, that the attorney may drop the case, if you do that and return your money.

Again, you need to know that a good attorney is a busy attorney. But I suggest you try the letter and see what happens.

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.