Please help, ethics, cancelling representation, etc

[music12]

Where? I'm not arguing with music12.

This attorney would easily be able to justify a good portion of the $1,500 is already billable. Then the balance would be quite time-consuming and exhaustive to recover. To me it's not worth it. Part of my fresh start would include putting this clown behind mw.

we are not arguing, we are having a lively discussion.

given the lawyer's computer problems, i think it would be actually hard to justify too much, but we'll see!

you are probably right that it could be better to just let go, unless of course the OP can't afford the new lawyer without this money.

[tinfoilhat]

Where? I'm not arguing with music12.

I corrected it,,, ,,,I think.

Well it looks like a discussion has started while I was typing.

[tinfoilhat]

the OP can't afford the new lawyer without this money.

I can actually, $1200 total for the new one--flat fee.

But the guy in question here 1. tried to get more money out of me by suggesting a chapter 13 even though I have no income. Which according to replies I got here is so he can make more money off me.

2. Why just let him keep it.
==============

LOL I'm going freaking nuts here, I typed that above and then got a phone call from the secretary. I have an hour on the 9th to talk to him.
These people will not let go, xxxxxxxxxxx!!!!!!!!!!!!!!!!

She said:
First he goes over the best possible way to do my case so nothing will come up. He can do a 7 but his concern was equity in one of my vehicles.
Thats funny because both of them were $200 under exemption when I was there.
Uncomfortably close, but under is under.

And the selling of my vehicle to my ex girlfriend (for FMV) he was concerned with.

The attorney I want to hire said it doesn't matter if I sold it to my brother, as long as it was sold at FMV they don't care.
Did I mention these to guys work the same district?

If I wasn't confused and undecided enough now I'm totally lost. I might as well forget the $1500 whether this guy does a 7 for me or the other guy.

I'm going to stare at the wall for a while now....

[walkthaplank]

Terminate your relationship in writing. Cert Mail, return receipt. Like JB says, if you do it in person he will charge you for the appointment (legitimately). In your letter demand an accounting and refund of any remaining balance from your retainer. If the old lawyer has any of your personal documents have him send them to YOU. The new lawyer isn't going to fool with the old lawyer.

It will take a period of time for him to give you an accounting and any refund you may be due. That is now a separate issue. Priority now is to get free of the old, get with the new and file. When your old lawyer gives you a song and a dance about fee's being non-refundable or that he used it all preparing your case, send him another CMRR letter informing him that if he does not issue a full refund, you will be taking this fee dispute to the state bar and then he can justify to them why he was going to push you into a CH13 case with no job, income or assets.

[tinfoilhat]

Terminate your relationship in writing. Cert Mail, return receipt. Like JB says, if you do it in person he will charge you for the appointment (legitimately). .

What if I don't go to the appointment on the 9th?
Theres not enough time to get a cert letter to him now?
He now has one hour reserved for me on the 9th, I know doctors can/do/try to charge for missed appointments. If this guy is going to charge me for not showing I might as well go or not?

This is what the BAR said also, send a certified letter with a return reciept, I asked if I could take it there in person and they said no, problem is if I went to the post office now the letter might get there right after my appointment at best.

[tinfoilhat]

nevermind I found the local address

[tinfoilhat]

Hows this, Yahoo answers. Will this work?

Dear, _____________, Your services are terminated forthwith, you are to provide no further legal services on my behalf. Please provide me with a complete copy of my file and a complete accounting of all services rendered. I will calendar this matter for 10 days.

You are directed to immediately return any unused portion of fees paid to you.

[justbroke]

That is very clear and on the point. I like it.

[tinfoilhat]

Well it's done, should be there tomorrow.

I put the date on the top, my name and address on the bottom, signed it, put his name in place of the line.

Now I'm a little more nervous.

When should I set things up with the new attorney?

[justbroke]

When should I set things up with the new attorney?

Immediately. You already provided notice to the old one. Just let the new attorney know that you called them and you also sent them a letter. I hope this gets better for you.

[music12]

i would revise it to say that the services have already been terminated, and this is just a confirmation letter.

i also wouldn't ask for an accounting of all services rendered because none were rendered. i'd just ask for my money back. well, i guess i already wrote a draft of what i would write...

you could also fax it so it's there, and call only for the purpose of confirming the secretary got it. then if the certified gets there later, it's not a problem.

i assume you are not going to the meeting! he can't charge you for a missed appointment when you have been telling him he is not your lawyer any more!!

i never imagined firing a lawyer is so hard.

[tinfoilhat]

i never imagined firing a lawyer is so hard.

I never did either.
Sometimes I wonder what you guys or gals do for a living. My previous employment required filling out invoices and work orders.
I vaguely remember learning how to properly write a letter to a business from back in grade school.
If you do it for a living it might be easier for you.
I actually feel like it would be no surprise to the attorney to see my letter written in crayon. I don't even know what forthwith means
I'll google it.

[music12]

forthwith means right away.

"calendaring" is a word i have never used. i guess it means you are giving him 10 days to do what you demand.

[justbroke]

I shall forthwith hinder myself from seizing the opportunity to proceed against thee, for half a fortnight.

I re-wrote it for you.

[grizzyadams]

Well I've been banned, I am the OP. I requested it a couple days ago. Changed my mind but, whatever it is it is I guess.