- Jurisdiction
- Michigan
The short version: Hired a Lawyer to handle my divorce. In his billing, I found many discrepancies. There were instances where he billed me while representing other clients, instances where line items were duplicated on the bill, and instances where he just plain charged for things he did NOT do.
I scheduled an appointment to discuss these issues with him (December 2018). We sat down and even though he admitted to some inaccurate charges, just wanted to know the total of the charges in dispute. After I walked him through my concerns with the bill, he informed me he would be filing a lawsuit against me, in order to get all his money. I asked if he could take a look at the concerns and we could come up with an agreed balance. He has chosen to blow me off and there has been no further conversation.
I did a lot of research and I believe what he is doing is waiting for the 2 year mark to run up. I was able to learn (via google, so maybe true??) that if he files a lawsuit, I can file a malpractice claim. The catch is, that I have to claim malpractice within 2 years because of the statue of limitations? I also understand a malpractice claim can be detrimental to a legal practice, and the claim alone, whether he wins or loses, can make it difficult for him to obtain insurance. This is why I believe he is waiting for the 2 years to run up - because he can then file a lawsuit without any repercussions.
I believe that 2 year mark is coming this spring. My question is, what should I do? I tried to be civil, but he has no intentions of that. What do I need from him, a bill showing zero balance, or?? Should I try to make contact with him, or do I just move forward with a malpractice claim?
Thanks in advance for any advice!
I scheduled an appointment to discuss these issues with him (December 2018). We sat down and even though he admitted to some inaccurate charges, just wanted to know the total of the charges in dispute. After I walked him through my concerns with the bill, he informed me he would be filing a lawsuit against me, in order to get all his money. I asked if he could take a look at the concerns and we could come up with an agreed balance. He has chosen to blow me off and there has been no further conversation.
I did a lot of research and I believe what he is doing is waiting for the 2 year mark to run up. I was able to learn (via google, so maybe true??) that if he files a lawsuit, I can file a malpractice claim. The catch is, that I have to claim malpractice within 2 years because of the statue of limitations? I also understand a malpractice claim can be detrimental to a legal practice, and the claim alone, whether he wins or loses, can make it difficult for him to obtain insurance. This is why I believe he is waiting for the 2 years to run up - because he can then file a lawsuit without any repercussions.
I believe that 2 year mark is coming this spring. My question is, what should I do? I tried to be civil, but he has no intentions of that. What do I need from him, a bill showing zero balance, or?? Should I try to make contact with him, or do I just move forward with a malpractice claim?
Thanks in advance for any advice!
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