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A firm paralegal drafted a bunch of stuff for my ex and

messed it up, but had...
A firm paralegal drafted a bunch of stuff for my ex and messed it up, but had the attorney sign off. It caused me to go back and sumbit deficiency letters and revised requests. Now the firm is seeking conduct legals fees. I understand that I may have caused them to do work, but it was to correct the poorly produced work in the first place. Do you think this argument is good?
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Answered in 5 minutes by:
3/10/2018
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 56,592
Experience: Attorney with 29 years of experience.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Customer reply replied 1 month ago
Great thanks

Good morning. Absolutely I think your argument is valid. You should not have to pay for the time they spend correcting their mistakes. They have control over their legal assistants and your attorney should carefully review anything prepared by a legal assistant for accuracy before signing off on it. Their mistake should not be at your expense. I would send him a letter by certified, return receipt requested detailing the history and demand he write off any fees charged for correcting their own mistakes. Inform him that you have no intention of paying for these cost and that if he pursues these fees, you will not only contest his claim vigorously, but also file a formal ethics complaint with the state bar in addition to filing your own counterclaim for negligence, gross negligence and willful misconduct causes of action, which will entitle you not only to your actual damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; proceed as I've set out above. In my experience, this letter is all you will need to send because the lawyer will comply rather than risk a formal reprimand, suspension, or the loss of his license and punitive damages.

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Customer reply replied 1 month ago
The paralegal and firm works for my ex tho

Thanks for following up. If the incorrect materials caused you additional work, the law firm that performed these materials should bear the cost. If you are incurring additional fees from your attorney, then you should go after the other attorney for these extra costs; if the other attorney is seeking additional fees to correct this work, then you should simply inform them you have no intention of paying them for their negligent performance.

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I just wanted to let you know that I will be away at for the next hour or so while I take my puppy for her morning run. Should you have a follow up while I’m away, I will address it immediately upon my return. Thank you in advance for your patience. I apologize for any inconvenience.

Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 56,592
Experience: Attorney with 29 years of experience.
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