Attorney charging for services not performed

[kihall]

Hello,
I'm currently in a situation that caused me $2500.
I hired an attorney for felony case, the first day up until the day of my Preliminary Hearing, my attorney told me that the felony would be dropped, period.
He told me that the States Attorney was in agreement to drop the felony, and they just needed to talk with the arresting officer.
Well, the day of court, he said he wanted to talk to me in the hallway, he said that they changed the States Attorney. Well that was a lie, (the case hadn't been assigned at that time). The State asked for an continuance, due to the fact that I would be indicted in 3 days. The judge granted the continuance, and we left.

Now my attorney wants an additional $2500 for circuit court.

This attorney, in no way, put in that many hours, nor do I believe that he made any calls to ANYONE, because the case hadn't been assigned.

He led me to believe that my case would be dismissed on the spot, and it wouldn't get to Circuit court, I did some research, and it seems that ALL felony cases are handled in Circuit court.

PLEASE, tell me what I can do at this point to get ALL or SOME of my money bcak from this Lawyer. He also never had me sign any Retainer agreement. I told him before court that I never signed any papers, and he told me that I could later at court, and he never gave them to me.


I NEED HELP! I don't have any alot of extra money to hire another misleading ATTORNEY.

 

[Michael Wechsler]

Hello,
I'm currently in a situation that caused me $2500.
I hired an attorney for felony case, the first day up until the day of my Preliminary Hearing, my attorney told me that the felony would be dropped, period.
He told me that the States Attorney was in agreement to drop the felony, and they just needed to talk with the arresting officer.
Well, the day of court, he said he wanted to talk to me in the hallway, he said that they changed the States Attorney. Well that was a lie, (the case hadn't been assigned at that time). The State asked for an continuance, due to the fact that I would be indicted in 3 days. The judge granted the continuance, and we left.

Now my attorney wants an additional $2500 for circuit court.

This attorney, in no way, put in that many hours, nor do I believe that he made any calls to ANYONE, because the case hadn't been assigned.

He led me to believe that my case would be dismissed on the spot, and it wouldn't get to Circuit court, I did some research, and it seems that ALL felony cases are handled in Circuit court.

PLEASE, tell me what I can do at this point to get ALL or SOME of my money bcak from this Lawyer. He also never had me sign any Retainer agreement. I told him before court that I never signed any papers, and he told me that I could later at court, and he never gave them to me.


I NEED HELP! I don't have any alot of extra money to hire another misleading ATTORNEY.

I'm very sorry to hear about your case. I don't know what happened exactly but it sounds like it cost you $2,500 for a court appearance. You may want to speak to another attorney and find out what a court appearance cost, for starters. At the very worst, this is the most you should ever consider settling for, even if you feel wronged because obviously this is the amount for potential work done (for argument's sake.)

Then you will want to speak to the attorney to find out his side of the story. I'm assuming you'll have a dispute about the facts. I'm guessing he'll say that he never guaranteed any results -- which no good attorney will although many will "puff" and say "it's almost guaranteed" or "it's almost like clockwork in this court." That's different than guaranteeing a dismissal like you say.

Next, make sure that the discussion you had for the additional $2,500 isn't for services rendered but whether it was for a retainer. This is very different than demanding money for services rendered.

Now be prepared and carefully ask him the questions you did and have the answers on hand. If you still feel like you were misled - and may very well have been - then send him a letter documenting exactly what was discussed, the fact that you discovered you had no retainer agreement, etc. and demand your money back since you are now at a loss as well. You may want to state that the $2,500 for a court appearance to get a continuance presents all sorts of problems and that you hope to resolve it amicably or you will need to take action as well. Send this letter via a certified method.

You need to be sure that you are accurate with your representation. I can tell you that in many instances there are misunderstandings between the attorney and client, mostly because the client wants to hear what he/she wants to hear. It is similar to a patient hoping the doctor will guarantee the cure and is then furious when all doesn't turn out perfectly, "as it should have."

Best of luck to you and I hope this helps you out.