Question on firing attorney

Old Aug 10th 2004, 6:19 am
  #16  
Account Closed
 
Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: Question on firing attorney

Originally Posted by Rete
Why? I many of our attorneys are not notaries either. But every law firm I have worked in has a notary available from either a paralegal or secretary.
Hi:

We had three which included two of the attorneys. One was a paralegal who left to have a baby and did not return. One attorney went off on his own [in LA-speak, we were "geographically undesirable" -- we're still on friendly basis].

We are now down to one notary, and when she is not in, we've got problems.
Folinskyinla is offline  
Old Aug 10th 2004, 6:24 am
  #17  
Just Joined
 
Joined: Feb 2004
Posts: 6
chara is an unknown quantity at this point
Default Re: Question on firing attorney

Originally Posted by inquisitive40
Hi all,
well I am really pissed with my attorney. Last Thursday I called into his office to ask about getting the I-864 notorized, he said he would finish it off and for me to drop in this morning and even if it was not 100% completed, he would stop what he was doing and complete it while I waited so that I could take it to get notarized. Well I arrived this morning, waited for about 45 minutes and finally his partner called him and relayed me a message that he would not be in the office until tomorrow. Now my filing is supposed to be on Friday. I called him on his cell phone (which he never answers) and expressed my annoyance and how unprofessional his actions were.
Now my question is, if I pull the case from him and either get another lawyer OR file myself, what is my rights with regard to payment. We only just signed early last week the attorney's fee schedule for the work, are we bound by this contract now? We have no evidence to date to show that he has done any work on our case. Can I tell him legally that he is not going to receive any payment due to his shoddy and unprofessional behaviour?
What course of action am I entitled to take?
Patrick
Hi that's weird just posted something that mentioned that we fired our lawyer ...before reading your thread... because she was obviously not "clued" in regarding some aspects..eg..kept telling me I needed a visa to enter USA..seemed not to understand the visa waiver thing.... among other things...
sent a very detailed letter outlining all the "errors" and demanded fee back.... snotty letter back but refund of fees...so...yes...bad service need not be accepted..and shouldn't be...."they" seem to lose sight of the fact that it is our lives they are dealing with...anybody can handle an open and shut case but we pay for the expertise to negotiate the more difficult aspects...
chara is offline  
Old Aug 10th 2004, 6:28 am
  #18  
Don't Know, Don't Care
Thread Starter
 
inquisitive40's Avatar
 
Joined: Jun 2004
Location: California
Posts: 1,385
inquisitive40 is a name known to allinquisitive40 is a name known to allinquisitive40 is a name known to allinquisitive40 is a name known to allinquisitive40 is a name known to allinquisitive40 is a name known to allinquisitive40 is a name known to allinquisitive40 is a name known to allinquisitive40 is a name known to allinquisitive40 is a name known to allinquisitive40 is a name known to all
Default Re: Question on firing attorney

Originally Posted by chara
Hi that's weird just posted something that mentioned that we fired our lawyer ...before reading your thread... because she was obviously not "clued" in regarding some aspects..eg..kept telling me I needed a visa to enter USA..seemed not to understand the visa waiver thing.... among other things...
sent a very detailed letter outlining all the "errors" and demanded fee back.... snotty letter back but refund of fees...so...yes...bad service need not be accepted..and shouldn't be...."they" seem to lose sight of the fact that it is our lives they are dealing with...anybody can handle an open and shut case but we pay for the expertise to negotiate the more difficult aspects...
I totally agree, I know for attorneys it is just another day at the office BUT for me I had been promised a certain level of service which he did not deliver.
Patrick
inquisitive40 is offline  
Old Aug 10th 2004, 7:44 am
  #19  
Banned
 
Matthew Udall's Avatar
 
Joined: Sep 2002
Location: United States
Posts: 3,825
Matthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond repute
Default Re: Question on firing attorney

It seems to be a never-ending perception on news groups that the only thing that happens in an immigration case is putting some answers on a few pieces of paper. Sure, that is one of the first steps, however there are also the tasks of issue spotting (based on knowledge of the immigration law itself), taking steps to reduce the odds of any given potential problem turning into an actual problem, avoiding beginner mistakes to try to reduce the odds of receiving an RFE, working "with" the client to put together a well documented submission and affidavit package, being there to answer questions that always come up along the way, and "most" importantly, be there to go to bat for the client to try to resolve USCIS and/or Consulate screw ups (and one need not read news groups for very long to see that this can and does happen far too often).

I'm not a notary, however I don't need to be in order to do my job, plus I think its better to have an impartial third party do that job. Most of my clients are scattered all across the U.S., so I wouldn't be able to do that for them anyway. Over the years I've had a few clients call from their notaries office where the notary insists on going against my instructions for the I-134, and I'll tell my client to simply say "thank you" to the notary and go elsewhere to get the I-134 (or I-864 as the case may be) notarized.


Originally Posted by inquisitive40
Well an update on my meeting this morning. I went to his office. He made an excuse that he did not have my number to contact me that his wife had not gotten back into town and so he could not be in the office. I asked what work he had done on my file, he said everything was ready with the exception of the I-864, I asked to be shown what he had done, he then spent 5 minutes "trying to find my file" on his computer and he pulled up both I-130 and I-485 which were both blank. His excuse was that he had just updated his software and it must have screwed it up, THEN said he had worked on it on his laptop and that he must've forgot to copy over the file.
Well I then asked how much it would cost me to finish up with him, he said he would not charge me (obviously cause he had done nothing yet) and so I took this option.
I have all my paperwork and now I am going to assemble it here and file myself. Really disappointed not having an attorney do this but filing myself seems the best choice from this bad experience. At least now I can blame no one but myself for any mistakes and also USCIS will be contacting me directly and not through an attorney whom I could never get in contact with.
Thanks for all the input.
Patrick
Matthew Udall is offline  
Old Aug 10th 2004, 8:03 am
  #20  
Don't Know, Don't Care
Thread Starter
 
inquisitive40's Avatar
 
Joined: Jun 2004
Location: California
Posts: 1,385
inquisitive40 is a name known to allinquisitive40 is a name known to allinquisitive40 is a name known to allinquisitive40 is a name known to allinquisitive40 is a name known to allinquisitive40 is a name known to allinquisitive40 is a name known to allinquisitive40 is a name known to allinquisitive40 is a name known to allinquisitive40 is a name known to allinquisitive40 is a name known to all
Default Re: Question on firing attorney

Originally Posted by Matthew Udall
It seems to be a never-ending perception on news groups that the only thing that happens in an immigration case is putting some answers on a few pieces of paper. Sure, that is one of the first steps, however there are also the tasks of issue spotting (based on knowledge of the immigration law itself), taking steps to reduce the odds of any given potential problem turning into an actual problem, avoiding beginner mistakes to try to reduce the odds of receiving an RFE, working "with" the client to put together a well documented submission and affidavit package, being there to answer questions that always come up along the way, and "most" importantly, be there to go to bat for the client to try to resolve USCIS and/or Consulate screw ups (and one need not read news groups for very long to see that this can and does happen far too often).
I agree completely, that was my initial reason for hiring an attorney, but when the attorney is not communicating with the client and really is only filling out the paperwork, I think at that point the money is not being well spent. My biggest issue with this attorney was that it was myself who felt like they were "driving the case" over 3 months ago this attorney told me to bring in filled out I-130 and G-325s , a month ago he gave me the same papers to fill out again. He NEVER returned my calls and yesterday by not showing up for our appointment was the last straw. Even my divorce which he handled got messed up and only for my proactive approach to my case, he would not have found out till my due date had come and gone for the dissolution, that there was paperwork missing at the court. To me that was his job and he didn't keep up with my case sufficiently to make sure it was done correct. 3 days before my AOS case being filed he had NOTHING done, not one document had been started, his initial consultation was that he would fill out the forms, we would take them home, check them over, bring them back, he would correct any mistakes and then we could sign them, 3 days before our filing, none of this has taken place. I believe lawyers like this make the rest their profession look very poor.
I wish I could have gotten a good lawyer but at this point I think with the help of fellow posters here I can file it myself.
Patrick
inquisitive40 is offline  
Old Aug 10th 2004, 8:18 am
  #21  
Banned
 
Matthew Udall's Avatar
 
Joined: Sep 2002
Location: United States
Posts: 3,825
Matthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond repute
Default Re: Question on firing attorney

Oh, don't get me wrong; I'm not sticking up for your attorney. Your gut is usually a good indicator of how things are. It is true that some attorneys accept cases when they don't really have that much experience (for example, I would never do someone's divorce case as I don't do that type of work…. So I'd tell the client that first and let them decide, and if hired I'd have to spend a heck of a lot of time doing homework to get up to speed), or even with experience, don't give the amount of attention the client thinks they should be receiving.

"Managing Expectations" is a good approach when "anybody" deals with any type of customer (regardless of what business we are talking about). I've put together an AOS case in a day, however it usually takes a bit longer as the usual steps with my cases involves receiving a questionnaire (with data the client provides), preparing and sending the forms back to the client that day or the day after (depending if I can get them done before the mail pickup happens that day), "THE CLIENT" then looks them over to try to spot any typos or incorrect information they might have supplied and is reflected on the forms, the forms come back (with any bit of missing supporting documentation that I've told them I need), and the case is submitted. But that's just the first steps, and there are many potential pitfalls that might be ahead (including USCIS or Consulate screw ups).

Also note that we see RFE's all the time for people who read news groups and FAQ pages all day long before submission. News group participation is a great thing (I like it when my clients know something on their own about the process we are going through "together"), but it is not a substitute for having someone with experience working and taking responsibility for the case.

Oh, and when you say "but when the attorney is not communicating with the client and really is only filling out the paperwork", issue spotting is going on during that step, and if any potential problems are identified during that important step, that is when one decides the best approach on how to reduce the odds of any given potential problem turning into an actual problem. Again, there is more to the job than simply writing something on a piece of paper.

Good luck with your case.


Originally Posted by inquisitive40
I agree completely, that was my initial reason for hiring an attorney, but when the attorney is not communicating with the client and really is only filling out the paperwork, I think at that point the money is not being well spent. My biggest issue with this attorney was that it was myself who felt like they were "driving the case" over 3 months ago this attorney told me to bring in filled out I-130 and G-325s , a month ago he gave me the same papers to fill out again. He NEVER returned my calls and yesterday by not showing up for our appointment was the last straw. Even my divorce which he handled got messed up and only for my proactive approach to my case, he would not have found out till my due date had come and gone for the dissolution, that there was paperwork missing at the court. To me that was his job and he didn't keep up with my case sufficiently to make sure it was done correct. 3 days before my AOS case being filed he had NOTHING done, not one document had been started, his initial consultation was that he would fill out the forms, we would take them home, check them over, bring them back, he would correct any mistakes and then we could sign them, 3 days before our filing, none of this has taken place. I believe lawyers like this make the rest their profession look very poor.
I wish I could have gotten a good lawyer but at this point I think with the help of fellow posters here I can file it myself.
Patrick

Last edited by Matthew Udall; Aug 10th 2004 at 8:24 am.
Matthew Udall is offline  
Old Aug 10th 2004, 8:24 am
  #22  
SUPER CRUNCHY BALCONY COW
 
Hypertweeky's Avatar
 
Joined: Jul 2003
Posts: 9,476
Hypertweeky has a reputation beyond reputeHypertweeky has a reputation beyond reputeHypertweeky has a reputation beyond reputeHypertweeky has a reputation beyond reputeHypertweeky has a reputation beyond reputeHypertweeky has a reputation beyond reputeHypertweeky has a reputation beyond reputeHypertweeky has a reputation beyond reputeHypertweeky has a reputation beyond reputeHypertweeky has a reputation beyond reputeHypertweeky has a reputation beyond repute
Lightbulb Re: Question on firing attorney

Originally Posted by inquisitive40
My attorney is NOT a notary, I asked him about that a month or so ago and he told me I had to get it done myself. My earlier point was that "an attorney can be a notary", but he is not one.
Patrick

When my attorney did the I-134, he also notarized it. I am sorry to hear about your situation Patrick.
I wish you nothing but the very best with the filing!!
If you need me.. you know where to find me!!
Hypertweeky is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.