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State is NC. We are in dispute with our attorney on his

Hi. State is NC. We...
Hi. State is NC. We are in dispute with our attorney on his fees. We received a Demand for Payment Letter. We have two days to pay the outstanding amount he claims is due or he will proceed with collection and litigation . Can he proceed with litigation without informing us of NCSB rule 1.5 professional conduct for fee dispute resolution process ?
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Answered in 4 minutes by:
6/13/2017
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 36,360
Experience: 30 years experience representing clients.
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I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

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What is the nature of your dispute? Was there malpractice? Was the fee unreasonable?

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Customer reply replied 8 months ago
Hi Loren-Thanks!

Hi there.

What is the nature of your dispute? Was there malpractice? Was the fee unreasonable?

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Customer reply replied 8 months ago
The fee was unreasonable.

Thank you for the additional information.

Yes, the lawyer is in violation of 1.5 if they threaten to go to litigation without making a reasonable effort to to advise you of the existence of the North Carolina State Bar's program of fee dispute resolution at least 30 days prior to initiating legal proceedings to collect the disputed fee and participate in good faith in the fee dispute resolution process if the client submits a proper request.

You can file a request for the dispute resolution process or file a bar complaint.

If the fee was unreasonable it may also be grounds for a legal malpractice suit.

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Customer reply replied 8 months ago
Thanks Loren- one more point a lot of money was paid to the attorney but the relationship ended before a contract was signed by us - so do you think there would still be grounds for litagation from their side?

There is always grounds for litigation, but the point is that you have grounds for your own claims, both civil and administrative.

Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 36,360
Experience: 30 years experience representing clients.
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Loren and 87 other Legal Specialists are ready to help you
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Customer reply replied 8 months ago
Appreciate it!

Thank you for using JA. Best of luck to you.

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Thank you for your positive rating of my service to you and your generous bonus. Let me know if you need more help or have future questions. Just ask for me by name at the start of your question - "Loren" or use the following link (which you can bookmark in your browser): http://www.justanswer.com/law/expert-Loren/

Best wishes and good luck to you.

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Loren
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