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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 28021
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I tried to sue my lawyer in small claims court for

Customer Question

i tried to sue my lawyer in small claims court for withdrawing from my DWI case after I paid him $5,000.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Texas The judge told me that since he wrote me a $1,500 check and I cashed it that I had no case against him
JA: Has anything been filed or reported?
Customer: yes it was in his answer to my law suit
JA: Anything else you want the lawyer to know before I connect you?
Customer: i was convicted of the DWI and my BAC was zero
Submitted: 4 months ago.
Category: Legal
Expert:  LegalKnowledge replied 4 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LegalKnowledge replied 4 months ago.

Good morning. Why did the attorney withdraw? Did he do any work on the case? Was the $1500 an agreed upon refund?

Customer: replied 4 months ago.
After paying him an initial $1,000, he said the DA wanted to try the case even though my BAC was zero. He wanted an additional $5,000 to go to trial. I had paid him $4,000 but I was paying him when I could. I guess he withdrew because I hadn't paid him all the money. When I started trying to collect half of it back he filed harassment charges against me. There was no agreed upon refund. The only work he did was going up to the court house to reschedule my court date and he missed one of those and I lost my $500.00 cash bond and was arrested.
Customer: replied 4 months ago.
I feel that he acted with gross negligence. He knew I didn't have more money to hire another attorney, so I got convicted. I could get a job for 3 years and lost 2 jobs paying over $80K a year because of the DWI. I'm on probation for a year for the harassment charge and that cost me $2,000. He's cost me close to $5,000 because of backing out on my case instead of getting it no billed like he should have. I feel he should have to pay for wrecking my life so if there is any grounds that I can sue him on, I have 8 more days to file an appeal.
Expert:  LegalKnowledge replied 4 months ago.

Thank you for the reply. You can appeal, if you have a legal basis to do so. By that, I mean just because a party does not like the ruling of a Judge, does not allow or give them a legal basis to appeal. They need to show that the Judge made an error or mistake in the law and had that not happened, the outcome would have been different. In a situation like this, you could have filed a Bar complaint against the attorney as well, based upon their conduct and allowed the Bar to look into this and see if they were subject to discipline. When a person hires an attorney, there should be a retainer agreement, that lays out the terms of the payment. There is nothing wrong with a payment plan but it should state when payment is owed and due, as I have never heard of it being paid whenever you can. That is why they withdrew and if they did not get what was agreed to, there is nothing wrong with them withdrawing.

Expert:  LegalKnowledge replied 4 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Customer: replied 4 months ago.
We never had an official agreement with a payment plan. I feel that the case should have been no billed and never gone to trial and I would not have had to pay him any more money. The way I look at is that he got me to pay him another $4,000 and walked with my money. But besides all of that, is there any grounds I have to sue him for his gross negligence in handling my case and for filing harassment charges against me?
Expert:  LegalKnowledge replied 4 months ago.

If the case was mishandled, there could be grounds for a legal malpractice claim and if you sue, could prevail and be awarded damages. As far as harassment, if charges were filed, it would be a result of the State finding there was a basis to support them, based upon the evidence present. If he lied and you were damaged as a result of this and can prove it, you could recover as well. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.