Lawyer Didn't File Promptly, and Lied About Requesting Adjournments

[Ana1975]

My question involves malpractice by a lawyer in the state of: Texas

I am not sure this is malpractice but I believe something when wrong...

I hired a lawyer back on March 20, 2009 and kept on telling me that he was filing my documents at court but he never did until I sent him a termination later. He filed in June and sent to me a copy of the notice of hearing but the server never delivered the citation to my ex- then, it took them 2 weeks to get it re-dated but that was because I was pushing them. Now, the new date for July was re-dated again. My lawyer called me to tell me that the courthouse called his office to tell him that they move the hearing but I called the courthouse and they told me that my lawyer had move my hearing that they don't move dates that lawyers do.

A month prior I asked for a billing statement because I was worry as to why they were not filing and what they would be charging on my retainer. I was told that I was fine that I have enough money to cover the matter. Well, Terminated them a month after because they lied when they said "the courthouse move the date... they do this all the time" and the courthouse said to me that my lawyer contacted them to move the date.

I had it with this and terminated them. Well, kept my reatiner and bill me for 1, 200 more. They never when to court only spoke with the lawyer for fifteen minutes. I just got tired of waiting for they to do something.

Do I have grounds for a fee dispute?

Thanks

[Scott67]

It does appear to me from the info that you have posted that this attorney has at the very least treated you very poorly. A big problem is that an attorney is the last person you want to fight in court unless you have a better attorney leading the fight for you.

Pull together all of the documents that you have on this; your initial contract when you hired the attorney is essential. That is what legally defines what he is to do for you and how the costs are to be computed. Look at the bill. It should detail what you are being charged for, what (at least what the attorney claims) hours were spent, materials were provided, etc. If this looks reasonable (it probably won't) you have no case. If the attorney has not provided this detail, call and request it. I believe you have grounds to propose a lower fee; go ahead and try that, and if you are happy with the result, read no farther.

Whether or not they provide the detail, take what you have to a legal malpractice attorney for his review. It sounds like you have a case, but the wording in the actual documents can make or break something like this. And, if there isn't enough potential money on the table for the malpractice attorney, you may not be able to find one to take the case.

[StephenFoster]

Wow.

Lying to a client is a HUGE no-no.

I don't know if you have a case. You have a ton of options... suing, contacting the bar, etc. The Texas bar is very aggressive when it comes to making sure lawyers do right by their clients.

Contact a Texas attorney. They will give you a consultation free of charge and let you know what your options are.

Lying to a client is not acceptable.

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[KeyWestDan]

The court almost never changes the date of a hearing. Maybe if the judge died or had some serious emergency.

Your attorney seems to be lazy and just sloppy.

However, you can't sue for malpractice unless something was done or failed to be done that greatly prejudiced your rights. For instance, a civil action that is not filed on time and then the statute of limitations expiring, which totally bars the action and possible recovery.

You should dispute the bill. What on earth could the attorney have done that would use your retainer and another $1200? You certainly must demand an itemized statement.

If the bill is not well justified, you should send the attorney a formal letter by certified mail stating why the bill is not accurate and the errors made by the attorney in the case and the fact that your own attorney lied to you. I would explain to the attorney if the bill is not corrected you will file a complaint with the State Bar Association. No attorney wants to appear before the state bar and risk sanctions, especially if they have been there before.