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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I hired an att. to handle a loss in a home in Cable, wi.

Customer Question

I hired an att. to handle a loss in a home in Cable, wi. The att. made a deal with the insurance company and the contractor. The house is finished but the contractor did not pay the lumbar bill. His final statemen was apprx.70,500. I gave him 108,000. to finish the house. He told me every one was paid unil I got a lumbar bill of approx. 34, 000 dollars. The att. now will not persue the contractor because he has a conflict of interest. I have beening for all the legal bills that was required with the contractor and the insurance co.
I fell that this att. has not been representing my for my behalf. The bills have not been paid, owed by the contractor and there is more monies than the lumbar bill costs in the final tally. I would like to make a formal complaint again the att. and I would like to sue the contractor, and I would to go after the contractors state license. I need advise.
The home is located in XXXXXXXXXXXXXXXXXXxx.
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
Lynne, I am a bit unclear here as to why you feel that the attorney is at fault. Were you aware at the time you hired him that he would be negotiating this for all the parties? Was this attorney obtained via your insurance company? I ask to try to figure out whom he represented and why he had a conflict, and then see if his actions are correct or not. Please advise.
Customer: replied 2 years ago.
I was aware that the att was to negotiate between the insurance co and the contractor. I hired him from advise of the contractor . The insurance c was not goning to pay much for the rebuilding of my house. I too want to know why he is not persuring the contractor for not paying the lumbar . I paid him in good faith. To finish the job as I had 2 other bids that were lower than the contractor I hired to do the project. I fell that the att has not acted in my best interest, since he will not persue legal actions against the contractor. I see this as fraud. The bid was in , he accepted it. The att accepted the deal withthe insurance company.
I paid for the carpets, tile , and counter tops. Then the contractor charged me for items that I paid out of pocket. Why would this att, which I hired, I paid, would not act in my interest to get the contractor to pay the bill at the lumbarcompany. Strange isn't it.
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up.
Hmm, that is strange...typically you and the contractor are adversaries (not always but often enough). Do you know if this attorney ever represented the contractor in anything? I ask because if he ever did, he honestly cannot sue the contractor as that would be a violation of his duty to the contractor, and also would violate his license. That isn't a fraud, it is a limitation. But what can be actionable is if he never disclosed to you that he represented the contractor in the past--if that is the case then that is a violation of the Rules of Professional Conduct and would give you grounds to file a grievance against the attorney. On the other hand if he disclosed it to you and you agreed to the limitations then there is no basis for a complaint. In that case he cannot act in your best interest as far as suing the contractor--he can do everything else but cannot act in that capacity under law.
Dimitry, Esq.
Customer: replied 2 years ago.
Now, what I need hellp in is the contractor is my brother. This makes things very difficult. I do need to go forward to get the monies to pay the lumba bill. This is what is REALLY need.
Customer: replied 2 years ago.
Relist: Incomplete Answer
Expert:  Dimitry K., Esq. replied 2 years ago.
I am sorry, can you please clarify?