Just got served!

[Kharma]

Overview: I hired an attorney to do a job and he didnt do the job I paid him to do so I fired him and went through the whole arbitration deal to try and get my money back and he obviously refused. A few months pass and now he served me with a civil summons for a supposed remaining balance plus 8% per month intrest on that balance from the original due date which is looking around 2k. After firing him and hiring another attorney which in turn I won the same case with the new guy I feel he owes me the money and I am under way to file a counter claim. After doing some research I find out that the 1st lawyer was disbarred a while back for embezzlement of a client's trust fund monies and somehow got reinstated.

Question???: By law is the 1st attorney that was disbarred obligated to tell his new clients that he has been disbarred before?? If so will it help my chances in my counterclaim???

 

[dee_dub]

After firing him and hiring another attorney which in turn I won the same case with the new guy I feel he owes me the money and I am under way to file a counter claim.

You feel he owes you what money? I thought you never paid him. What are you counterclaiming for?

By law is the 1st attorney that was disbarred obligated to tell his new clients that he has been disbarred before??

Not under any law I'm aware of. Maybe under the rules of his local bar association, whatever those might be.

If so will it help my chances in my counterclaim???

Depends what you're counterclaiming for.

 

[Kharma]

You feel he owes you what money? I thought you never paid him. What are you counterclaiming for?

He had a remaining retainer from an ex-client that he refused to pay back after several requests from the ex-clients mother and ex-client which in turn ended up as my retainer. By the time all was said and done he claims thier is an additional balance owed. I am counterclaiming for the max, 5k. To try and get the original retainer back and for a few other things, deflimation, slander ext. Funny thing is he was disbarred for embesselment of client funds.



Not under any law I'm aware of. Maybe under the rules of his local bar association, whatever those might be.

How can I find those rules out and how can I report him for not paying back the originall retainer to the ex-client basicly forcing me into using him as an attorney?

 

[dee_dub]

You feel he owes you what money? I thought you never paid him. What are you counterclaiming for?

He had a remaining retainer from an ex-client that he refused to pay back after several requests from the ex-clients mother and ex-client which in turn ended up as my retainer.

I don't understand, and I feel like there is much more to this story. Try and give it to us as simply as possible. How did money he owed someone else end up as your retainer?

I suspect that this is not money you paid. You're not out of pocket if he doesn't pay it back to you. Why do you think you'd be entitled to it?

I'd contact the local (state) bar association or law society.

 

[Kharma]

It was my sister in-laws and they couldnt find her kids dad so he stopped working on the case, she said I could have the money since he wouldnt pay her the money back even though they called him several times and asked him for it. It is just one more thing I am putting into my counterclaim as evidence that the guy is scum and really does not deserve the money he sais I owe him. My wife did all the work, putting together folders with evidence staying up countless nights, all he had to do was his home-work. We truelly had a solid case and he through it out the window. I felt totaly taken advantage off that day in court. It was horible, especially with everything that we put on his lap for evidence. The judge was literly beggin him for one solid reason to change cusody over and he said that wasnt necessery!! CRAZY!!!! He had it in the bag and totaly gave it away to make more money and drag the case on. He doesnt deserve the money and cause a lot of anguish and suffering ext.


It is a very complicated case, mine with my daughter and the one against the originall attorney but the guy totaly juked me.

 

[dee_dub]

I'm sure his position is that your sister was not entitled to the return of the funds and neither are you. You can't just change her retainer into yours. Sounds like a crazy fact situation. Good luck to you.