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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33916
Experience:  Began practicing law in 1992
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I have a civil appeals case regarding my mortgage,My

Customer Question

I have a civil appeals case regarding my mortgage,My attorney is working with my appeals
attorneys.I have paid my attorney all the money except $2400.00.Last year I used to send my attorney a check every month which he used to photo and deposit.Around october ,november he redeposited these checks which were paid in july and june.He received a second payment .When I called him he told me it was a mistake and that he was going to reimburse me which he never did.His daughter at the time was his bookkeperwhich she also
stated a reimbursement.I never received anything.Now my second appeals attorney which was retained by the first is saying that I am $2400 short.My first attorney is telling me that
his daughter ran away with the money and she did this to other clients.I told the appeals attorney that I am paid in full.He is preparing a reply to the defendants appeal and has to be ready by the 28th of October for which he filed a motion for extension.What is my recourse in this situation if my appeals attorney gets difficult.
Submitted: 2 years ago.
Category: Legal
Expert:  Dwayne B. replied 2 years ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Your issue as to money would be between you and the first attorney. You could pursue them through the State Bar, although they may not be much help under these facts, or by filing a lawsuit in an appropriate court.

There is no recourse as to the second attorney. They still have the right to be paid and the right to withdraw without the job being completed if they are not being paid and if the court will allow them to withdraw.

Customer: replied 2 years ago.
these two attorneys are working together but the first attorney redeposited checks that were already paid and told me that it was a mistake and he was going to return the money he just told me that it was a mistake no explanation what soever with out my permission
Customer: replied 2 years ago.
is there any recourse
Expert:  Dwayne B. replied 2 years ago.

As I said above, your recourse is to file a complaint through the State Bar or to file a lawsuit against the first attorney for the money. Even if his daughter was the one who stole the money she was obviously working for him at the time.

Whether the second attorney was brought into the case by the first attorney or whether you hired him directly doesn't make any difference in whether or not he will withdraw if not paid. The court will likely allow him to do so if he files the motion.