Overcharge by an Attorney

[pennsylvaniaquestions]

An attorney I hired ignored what I asked him to do (what we agreed in our consultation he would do), and instead did the opposite. I fired him and now he wants to be paid. I told him I would seek arbitration before the Supreme Court of Pennsylvania Disciplinary Board; he told me the matter would be heard before the Fee Dispute Committee of the local law library (his buddies). Am I going to have to pay him for doing something I specifically asked him not to do?

[IAAL]

An attorney I hired ignored what I asked him to do (what we agreed in our consultation he would do), and instead did the opposite. I fired him and now he wants to be paid. I told him I would seek arbitration before the Supreme Court of Pennsylvania Disciplinary Board; he told me the matter would be heard before the Fee Dispute Committee of the local law library (his buddies). Am I going to have to pay him for doing something I specifically asked him not to do?

My response:

You just might. You see, what you want, and what an attorney needsto do on a case depends on how a case unfolds. But, since you have given no facts, this is the best I can tell you.

IAAL

[Litigator]

More facts are needed. I do not know what the nature of your fee arrangement was. If a written contract was executed between the two of you that would be the place to start. Sometimes in handling a matter the atorney has to use his/her best legal judgment regardless of the client's wishes and some decisions are for the attorney to make while others are for the client to make.

Also, are you trying to say the attorney charged you too much for the work that was performed or is this simply a case that he was not handling the case the way you wanted it handled?

[IAAL]

[QUOTE=Litigator]More facts are needed. I do not know what the nature of your fee arrangement was. If a written contract was executed between the two of you that would be the place to start. Sometimes in handling a matter the atorney has to use his/her best legal judgment regardless of the client's wishes and some decisions are for the attorney to make while others are for the client to make.

MY RESPONSE: Isn't that basically what I said?



Also, are you trying to say the attorney charged you too much for the work that was performed or is this simply a case that he was not handling the case the way you wanted it handled?

MY RESPONSE: All our writer said was, "An attorney I hired ignored what I asked him to do (what we agreed in our consultation he would do), and instead did the opposite." - - not that she/he was "overcharged."

I realize that our writer's thread title includes the word "overcharge", but that sounds like a misnomer based upon what was written by the writer.


IAAL

[pennsylvaniaquestions]

I asked the attorney not to contact a realtor who was offering a property (for many reasons) I am interested in. I asked him to instead contact the attorney who represents the party who owns the property or the party him/herself directly. My attorney went directly to the realtor (who also happens to be the mayor).

Our written contract, which we agreed at the consultation would be forthcoming, never materialized before I dismissed him. His reasoning: "My paralegal was on an extended emergency leave of absence and coould not prepare same."

[pennsylvaniaquestions]

Heelllllllllllllllllllllllllllllllllllllllllllllll llllllllllllllllllllllllllpppp!

[IAAL]

I asked the attorney not to contact a realtor who was offering a property (for many reasons) I am interested in. I asked him to instead contact the attorney who represents the party who owns the property or the party him/herself directly. My attorney went directly to the realtor (who also happens to be the mayor).

Our written contract, which we agreed at the consultation would be forthcoming, never materialized before I dismissed him. His reasoning: "My paralegal was on an extended emergency leave of absence and coould not prepare same."

My response:

You see, here's where you went wrong, and why you're at fault for this situation. You informed the attorney that there was a Realtor involved in this sale, and that you wanted to circumvent the Realtor; i.e., not have to pay commissions in order to obtain a cheaper price on the property.

Not good.

You were trying to engage the attorney to induce the seller, and conspire with him, into conducting an unethical practice, and attorneys cannot do that. You also wanted your attorney to engage in "contractual interference" - - that is, to come between the Realtor and the seller, in order to "cut out" the middle man (the Realtor). Your attorney cannot do that. No attorney can do that, legally or ethically!

In the event a third party induced the buyer's breach of contract, the seller may have a damages cause of action against the third party in addition to a right to recover damages against the buyer. However, the claim against the third party (you and your attorney) would be a tort cause of action (e.g., tortious interference with contractual relations) and thus subject to a broader tort measure of damages amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not. (Second defendant induced buyer's breach of land sale contract by collusion with buyer)

So, if you want the property, and you want to cut out the Realtor, then YOU do the interfering, and YOU subject yourself to a lawsuit.

IAAL

[pennsylvaniaquestions]

Then shouldn't the attorney have said he wouldn't take my case under the terms I set forth? Is he allowed to tell me that he will do the unethical (even though I didn't know what I was requesting was unethical), then not do so, and then bill me?

[pennsylvaniaquestions]

It is also an assumption on your part that I didn't want to pay the realtor his cut. I simply wanted to negotiate the price for the property with the owner and not the realtor.

Thank you for paying attention to this thread (my situation), by the way.

[IAAL]

Then shouldn't the attorney have said he wouldn't take my case under the terms I set forth? Is he allowed to tell me that he will do the unethical (even though I didn't know what I was requesting was unethical), then not do so, and then bill me?

My response:

Unless you have his unethical promise in writing, there's nothing you can do about it. I'm willing to bet that he would never have done what you wanted because there was an "ethical" way of going about it.

You owe the money.

IAAL