Learning experience from a lawyer - rant
 

A month ago I met with an attorney to explore legal actions against another company.
I provided all the documentation necessary, including the CFR violated, and I admit, it would be a tough case and maybe not worth the bother and expense.

At that time I signed a retainer. He said he'd have a draft letter ready the next week. I heard nothing from him except a phone call I initiated after 2 weeks. He still didn't know how to approach the case. He was going to call me early the next week. No call. I emailed him last Wednesday and he responds back the next day "I'll call you Friday". Never does.

So, this past Saturday I call and email him:

[To lawyer]:

Will you return my $X,XXX and we'll just go our separate ways?
Thanks for your consideration of my request.

-Bob
--------------------------------------------------------------------------------

[From Lawyer]

I will place my itemized statement and check for unearned retainer in the mail to you Friday.
--------------------------------------------------------------------------------

[To Lawyer]

I'll be needing my documentation back, as well as copies of any notes or worksheets evidencing your work.

Thanks,
-Bob
-------------------------------------------------------------------------------

What I learned is that if the guy can't give you a results-oriented plan at the intial meeting, don't sign and pay a retainer. He came recommended so I let my guard down.

He's going to bill you for every conversation you had with him at an exorbitant rate, and nickel and dime you for the entire retainer or possibly more.

Been there.

It'll be interesting to see how he plays it.

Take him to small claims court for the retainer, since he didn't perform.

Have a similar issue with an attorney that blew a deal for me.

My current attorney informed me that there are peer review boards that you can take your case to.

I believe they are part of the Bar and as such any member is subject to their decision.

I also had a similar issue last year. After a year, he completely blows it. Forgets to take witness testimony.
Screwed me for ten grand, but gave ten grand back. Said I could take him to court over it if I wanted to to try to get the full amount back. By that time, he'd nickel and dimed me to death.

I wasn't going to mention the GA Bar or small claims, since he may surprise me in a pleasant or reasonable way. It'd be the first time I had a pleasant surprise for 1.5 years.

Almost immediately after I started my towing, transport, and later recovery (repo) company in April '08, I realized I can't do this "on the side". My fault really in expecting too much of my business partner to run operational things since I have a regular job. It became a nightmare and I'm actually quite happy lately since I'm just selling off the last truck and a 2-car trailer.

Another thing I learned (of about 50 things) is that I should've gone with my gut when the first attorney advised me "you only got this much out of them by your tenacity" and "this is a tough case and I'll take your money but it will end up being a black hole" ---something like that.

I value my (and others) honesty above all else, but I also have the A-hole gene real bad and that's a bad combination for getting screwed even more.

Just to tie up loose ends...

Basically, the old bastard sent me my retainer back less a little more than three hours billing. I had decided ahead of time that I could "live with" three hours billing and just let it go. So, that's that.

No evidence that he did anything.

One of my smaller losses. Maintain and move on, I guess.

They'll bill you for everything. Phone calls, time spent to read e-mails, you name it. The meter is always running with those guys. The concept of "paid by the job" doesn't apply to lawyers.