No good deed goes unpunished. (Or why i'll never again do business with "friends)

[Dueller]

I have a casual friend who was having marital problems. He came to me asking personal and professional advice. We're both lawyers, but he has a specialized tax practice and couldn't find a courtroom with a map and a flashlight.

I offered my professional and personal opinions and tried to be supportive of his plight. Despite his constant begging, I deferred on formally representing him and referred him to several attorneys to help him. Ultimately he found someone, paid a $15,000 retainer and entered the fray with his (now) ex-wife. He still sought me out for friendly (read "free') advice and counsel despite being represented. Under ethical guidelines, I avoided legal counsel since he already had an attorney, but I did try to give him support as I had been in a similar ordeal several years ago.

During the pending action, I noticed he was getting more depressed and was obviously self medicating with alcohol. I cautioned him about what I saw as a dangerous habit developing. Long story short, he ultimately settled his divorce case, terminated his attorney (who did a good job considering what the facts were) and then became a obsessed with how he had gotten screwed. His depression deepened; his drinking became worse. I tried to be supportive without enabling and get him medical help to no avail.

In August of last year, his world collapses when he is terminated from his law firm and he gets sued for contempt for failure to pay alimony, transfer funds to his ex as ordered, etc...a whole littany of other transgressions for failing to comply with his divorce order. He comes to me in desperation.

Against my better judgment, I agree to represent him but insist that we keep it professional. To assure this, he agrees to pay me a modest retainer ($2500) against my billable hours. As a professional courtesy, I agree to charge a discounted hourly rate. He is having cash flow problems but assures me he is good for it...just give him a few weeks, etc. I set up ground rules to keep it professional. Additionally, I condition my continued representation on him getting involved in treatment. Since the pending contempt action was looming, I dive in head first to help him. I immediately have far more hours in the case than the small retainer owed me.

He is a difficult client at best. I am constantly questioned on my professional judgment, but he always agrees with my decisions. I biill him for services and remind him of the promised retainer. When he says he can't pay, I threaten to withdraw, however the judge won't let me. She says that I owe it to the profession. It turns into a legal quagmire.

To make a long story longer, fast forward 7 months to now. I've sorted out his divorce mess, kept him out of jail, sorted thru his financial debacle, got him on the right track. Yet he now owes me over $15,000 in fees and expenses. And he has not made any effort to pay anything...

Inadvertently, I discover in the past few days that back in August when he claimed he had no money, he had $80,000 in an account he didn't disclose. That money's all gone...fortunately some of it went to the ex and his kids. Yesterday while on the way to the courthouse to file some final pleadings, I confronted him over this and he sheepishly admitted he deceived me.

I let it go, totally disgusted and frustrated. Due to attorney client privelege I can't reveal this to the Court. So I just let it go.

BUT. Then it happened. The DUMB***** made a comment critical of some of my decisions in the case. I LOST IT.

In the middle of the downtown district, right in front of the halls of justice, I slammed on brakes, put the car in park. Got out. Went around to his side of the car and snatched his azz out and drug him to the curb. Threatened to Kill his sorry azz.

Got back in the car, parked, filed his pleadings and left him there.

Later that evening he called to apologize and promised to pay my bill. Next month.

Too little.

Too late.

I realize I'm dealing with an impaired mind. I realize what I did was unprofessional.

But I don't feel the least bit sorry.








Thanks for letting me rant.

[Jim Richards]

Damn! That guy is an a$$.

[id10t]

Sounds like he's damm lucky to have had someone like you on his side for so long

[bt1211]

I assume that you are ready for the "all lawyer are jerks" comments.

[lendaddy]

Originally posted by bt1211
I assume that you are ready for the "all lawyer are jerks" comments.

Like blaming a dog for being a dog

[Dueller]

You know something...I thought about it a lot last night. I think I'm angrier at myself for getting involved with this guy in the first place than for what has happened since.

And for those of you who think we're all greedy bastards, I donate 10% of my time to pro bono work. Not to mention the $130K I have on the books as accounts receiveable over 365 days. Also known as "unintended pro bono."

[cbeers]

Dueller, you are a very good friend and a professional as well. This guy obviously has issues that have nothing to do with you. Hopefully with a little more time, he wakes up and gets back into life. I am sorry things got to this point, it is very hard to have friends and work mix.

I currently work for a friend and it has its drawbacks. I feel like friends will treat you with LESS respect at times since they have the casual relationship too.

You did the right thing and were VERY patient with him.

-Chris

[Moses]

Originally posted by Dueller
You know something...I thought about it a lot last night. I think I'm angrier at myself for getting involved with this guy in the first place than for what has happened since.

When lawyers work for free, they do it voluntarily. You don't get any money, but you get the satisfaction that comes with charitable giving. Your pal robbed you of that. I'm pretty certain this isn't about the money. It's about being lied to and taken advantage of.

Doctors are compelled to work for free all the time. It is illegal to refuse medical treatment based on the ability to pay. I've been operating on people without expectation of payment for years. It's never bothered me at all. If I get a "Thanks doc!", I'm OK... HOWEVER...

A few years ago I was called to the E.R. to evaluate a 20 year old who had an abdominal injury and was bleeding internally. The kid was dying. The parents are well-known and extremely wealthy. I never mentioned a fee of any kind. I operated on their (uninsured) child and saved her life. I sent the family a bill for $5,000. It was never paid. My office sent a second bill and recieved a nasty letter chastizing me for having the audacity to ask for money. I'm STILL pissed.

It has nothing to do with money. These people robbed me of the warm, fuzzy feeling we're all entitled when we do something nice.

[Dueller]

Originally posted by Moses
When lawyers work for free, they do it voluntarily. You don't get any money, but you get the satisfaction that comes with charitable giving. Your pal robbed you of that. I'm pretty certain this isn't about the money. It's about being lied to and taken advantage of.

Thanks, Doc. That sums it up perfectly.

What do I owe ya?

[Dottore]

Dueller I feel your pain.

Did the same for a number of deadbeat clients over the years. Friends and friends of friends and their wives or ex-wives or children. And it was almost always a mistake.

When clients get something for free that should cost a lot of money, they invariably don't value what they receive as much as they would had they paid good money for it. And when they don't get 150% of what they wanted from the court - they blame the lawyer. It's a lose/lose proposition for the lawyer.

There's something about working for free or at severely discounted rates that just brings out the worst in clients. I think billing full fare actually increases the respect from a client in the lawyer/client relationship.

I eventually got to the point where I categorically refused work from friends. I was happy to do pro bono work for complete strangers - but friends and friends of friends? Forget it.

Lawyer's ranting about clients. Makes for a nice change.

[oldE]

Dueller,

You stopped the car before you put his sorry a$$ out???

No, no, no, my friend. The appropriate action was to head for the nearest freeway and eject him at 60 +. (Then collect from the estate.)

The only bright spot in this is at least the family got some of the money.

Hang in there.

Les

[bt1211]

Dont let it get you down or change who you are. The world can go to "hell in a handbasket" that doesnt mean that you have to.

[Jims5543]

I would have helped my friends for free and have done so a few times. But then again we all know I am an idiot and too honest with everyone to a fault. I am a nice guy finishing last. So dont listen to me.

This was all about money, you charged your friend money to help him, he didn't pay you the money you wanted, he lied to you about the money he has stashed, he promised to pay you your money anyway and when he critical of your prefessional decisions and you lost it.

[Rot 911]

Dueller, fortunately the lessoned I learned about not representing "friends" came at a much lower cost than your experience. Just chalk it up as a lessoned learned.

Oh and Moses, not all attorney pro bono work is voluntary. The courts have the power, and use it often, to appoint attorney's to represent someone pro bono in criminal cases.

[tabs]

Let me see now...If I need an attorney...Dueller...hmmm what did U say your phone # was again.

Medicall Treament...Moses...and your number is....

and let me see this goes in the Roldex under.....ahhhh FREE Proffession Services

[Dueller]

Originally posted by Dottore


When clients get something for free that should cost a lot of money, they invariably don't value what they receive as much as they would had they paid good money for it. And when they don't get 150% of what they wanted from the court - they blame the lawyer. It's a lose/lose proposition for the lawyer.

Reminds me of an anecdote...supposedly true

A country lawyer had a longtime client, an elderly man of modest means, who availed his services frequently...writing simple wills, a deed here and there, or sometimes just to chat about an issue. The compassionate lawyer rarely charged him and if he did it was $25 for a service normally costing much more.

Unfortunately, the old client was in a horrific railroad crossing accident that was clearly the fault of the RR company. He suffered terrible injuries. He retained a well known city lawyer and ultimately recovered a $5,000,000.00 judgment.

When the old man was finally able to get back on his feet, the country lawyer saw him ambling down the street. They exchanged pleasantries, but finally the country lawyer asked, "You know for all those years I gave you legal counsel for free or at the most charged you $25. Yet when you're involved in an accident, you hire someone else?"

The old man replied, "I'm sorry counselor...I thought you was just a $25 lawyer."

[Dottore]

Originally posted by Dueller
The old man replied, "I'm sorry counselor...I thought you was just a $25 lawyer."

Exactly!

I once agreed to represent the ex-wife of a very close friend - for whom I felt sorry at the time - in a very messy tenancy dispute that dragged on for over a year. I charged her nothing for my time - even though the thing consumed many, many hours.

It was one of those cases where both parties where partly right and partly wrong and the judgment reflected this.

After the judgment was rendered, this woman walked out of my office in a huff with the remark: "If I thought there was any chance that I wouldn't get the full 100% - I would have paid for a lawyer instead of having you do this for free."

[Dueller]

Originally posted by Dottore

It was one of those cases where both parties where partly right and partly wrong and the judgment reflected this.

In any settlement, if both parties are unhappy, it was probably fair.

[on2wheels52]

No more loans to lodge brothers, too many of them took advantage of it.
Jim

[SLO-BOB]

Originally posted by Dueller
I donate 10% of my time to pro bono work.

Is it "urban legend" that the pro bono time is required by law?