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D. WINOGO ESQ., Attorney
Category: Legal
Satisfied Customers: 4714
Experience:  10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
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I retained a lawyer for wrongful termination. My lawyer, MacPhail

Customer Question

I retained a lawyer for wrongful termination. My lawyer, MacPhail accepted a retainer fee then failed to provide services;eventually stopped communicating w/ me. Several attempts to get him to contact me we made to his office requesting & begging him to return a call. I sent a certified letter 7/10/09 requesting he contact me. I contacted the CAAP (Client Attorny Assistance Program) who accepting my concern on 8/25/09 & a staff lawyer sent a letter to my attorney. I received a ph call at 7:30pm tonight 8/31/09 from my lawyer's seccretary AKA his wife. She litterly was YELLING threatened me w/ sueing me defermation of character. She demanded me I show up at 8 am in office so he can confront me. I live 1 hr 45 min away. I requested to speak directly to my lawyer she stated he was unavailable.I asked him to call when he was available she said no she would take a message. What should I do? I do not want to be attacted after all I hired him. Do I have to talk to her?She is so hateful. HELP
Submitted: 8 years ago.
Category: Legal
Expert:  D. WINOGO ESQ. replied 8 years ago.
<p>You do not need to speak to her. You have the legal right to talk to your attorney or another attorney at his/her office. In terms of defamation of character, he cannot succeed on such a claim against you unless the statements you are making about him are untrue. From the facts you've presented, it appears to me that your attorney has not been a zealous advocate on behalf of his client and you have taken all the right steps to cure the situation. You do not need to travel over an hour to his office to meet with him. If you wish to terminate the relationship, then you must send him a certified letter (return receipt requested) stating that you are ending the relationship and you want all of your documents provided to him returned to you. </p><p> </p><p>If you think that he has been unethical in his dealings with you, then you may also contact your local judicial grievance committee to lodge a complaint. </p>
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Customer: replied 8 years ago.
Relist: Other
I am out 2k if I terminate the relationship is there any way to recoop anything? I feel like i was taken advantage of an now the lawyer does nothing and get paid I walk awak w a hole in my pocket and no resolution....
Expert:  D. WINOGO ESQ. replied 8 years ago.
You may be able to sue for breach of contract to recoup the money paid to him if and only if you can prove that he did not do anything he promised to do or was supposed to do. However, please be aware that it is extremely difficult to prove such cases as these attorneys will come up with ways to convince the court that the money they received was justified, for example if and when you and he ever spoke on the phone, he would be able to chalk that up as an expense, etc.
Customer: replied 8 years ago.
Is there a way for me to request typed conversation form a phone call. I ask this because my lawyer told me I was on the Docket for my case to be hear once on June 22, 2009 and that day came and went... nothing ever happened, in a second conversation I was told the docket was set for July 17 th 2009 and once again nothing ever came of it and that was the last communication he had with me. I am sure this would prove he lied to me about what he had done. He also stated he was in conversation with the place of employment to negotiate a settlement....this never happened but if I can retrieve the phone conversation it would prove all of this....
Expert:  D. WINOGO ESQ. replied 8 years ago.
No, your lawyer is not obligated to provide you with the phone transcripts. The only way to obtain that would be to first sue him and then make a motion to the judge who may or may not order him to provide such records.

It is very possible though that the appearance for 6/22 got adjourned to 7/17. This happens all the time. Basically, you are stuck because your attorney, for whatever reason, will not communicate with you. Any conversations you have with him in the future, follow them up with letters memorializing the conversations to protect yourself.