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Question

My husband is here under asylum with his father, we have already sent in the peition for him to become a resident under me...Now the I130 is approved but the case is on hold due to the fact the father has been called into court and my husband is still under his father case he has to go in to...We have an attonery who is handling the case but they are going to charge us extra to go to court to remove my husband from his father's case, which in the begining she told us she was going to do so, but never did. I want to know is it right to be charged extra?

Submitted: 19 days and 9 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Optional Information

State/Country relating to Question: Florida

Accepted Answer

If she specifically told you that she would represent your husband in court as well as your father-in-law for no charge, then that constitutes a contract and she cannot charge you extra now. However, if she is going to incur extra costs and never specifically represented to you that she was going to remove your husband from your father-in-law's case at no extra charge, then what she is doing by charging extra now is perfectly legal and acceptable.

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Expert: D. WINOGO ESQ.
Pos. Feedback: 98.5 %
Accepts: 
Answered: 11/5/2009

Attorney

8+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator

19 days and 8 hours ago.

Reply

She specifically stated that before my husband attend the interview she would remove him from his fathers case. She was only going to represent my husband. before we did the filing he wasn't in court it was a about a month after the filing that's when they asked from him to appear

Posted by D. WINOGO ESQ. 19 days and 8 hours ago.

Answer

The problem here is that the court appearances may have been unanticipated consequences. If that is the case, then the lawyer may charge you for that. If you can demonstrate that the court appearance was a foreseeable event that the lawyer should have been prepared for, then she may not charge you.

19 days and 8 hours ago.

Reply

What should I do now? Because she was suppose to remove my husband from his father's case but didn't now we have to go to court to remove my husband from his dads case, so would that be a foreseeble event because she stated to us that she has had that problem before if they didn't remove a person from an original case then that was the consequence.

Posted by D. WINOGO ESQ. 19 days and 8 hours ago.

Answer

Send the lawyer a letter confirming her statement that she agreed to remove your husband from your father in law's case at no extra charge. To your knowledge, this agreement was to cover any and all contingencies, inclusive of court appearances. Therefore, it is inappropriate that you are now requesting extra fees in order to represent my husband in court.

 

Then you must see how she responds to the letter. The difficulty with the situation is that she is already in the middle of the case. Therefore, if she disagrees with your position, your best bet would be to let her finish the case and then dispute the extra charges afterwards.

19 days and 8 hours ago.

Reply

how would I go about disputing the charges afterwards.

Posted by D. WINOGO ESQ. 19 days and 7 hours ago.

Answer

Afterwards you can sue her for breach of contract or you can withhold payment and let her sue you so that the matter can be resolved in court.

19 days and 7 hours ago.

Reply

would it hold up in court because we don't have that in writing it was just a oral conversation about removing my husband.

Posted by D. WINOGO ESQ. 19 days and 7 hours ago.

Answer

It can hold up in court, however, it would be your burden to prove that she made these statements to you. If she denies them, then it is up to the court to determine who is more credible.

19 days and 7 hours ago.

Reply

What is your opinion on whether its winable or not

Posted by D. WINOGO ESQ. 19 days and 7 hours ago.

Answer

It is winnable although I do not know the exact context of the conversation that you had at the time with the lawyer. Also, as I mentioned previously, you should document all of your concerns in a letter to the attorney. She may see your point of view when she receives something in writing.

19 days and 5 hours ago.

Reply

how should I prepare for the suit against our lawyer

Posted by D. WINOGO ESQ. 19 days and 4 hours ago.

Answer

You need to document anything having to do with the promise that she made to you regarding representation of your husband's case. Send her the letter that I mentioned to you before.

19 days and 4 hours ago.

Reply

ok thank you

Posted by D. WINOGO ESQ. 19 days and 4 hours ago.

Answer

My pleasure, good luck in your endeavours.

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