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Should I chargeback my attorney?

T

takhyon

Senior member
I had a paid consultation with an attorney, and decided to hire the firm. I signed the agreement and sent the form for the credit card authorization. I didn't hear from them for a few days, and after a number of calls, I was sent a waiver form to sign, before they would start working on my case. This was in addition to the agreement I'd signed earlier. They also sent me some templates for letters. My card had not yet been charged.

Needless to say, my confidence with this firm wasn't very high at this point. The waiver letter I was signing said something about getting advice from independent counsel. I did exactly that. I contacted another attorney, found his strategy much better and found that he was more confident. I decided to go ahead with the new attorney.

I contacted the old firm and told them, that I did not want to continue with them. They asked me to send an email, which I did. The next day, they went ahead and charged my card for the first payment (half the full amount). We talked a few times and now they tell me, that I'm not entitled to a refund, the amount charged covers the additional consultations and the letter templates.

I dont have a problem paying for the additional consultation and any time they spent on my case, but charging this for the templates doesn't seem right. Should I chargeback on the credit card?
 
That's really the bad part. I wouldn't have thought twice if it was some other profession - plumber, an advertiser or a builder. Is it worth the hassle to lock horns with an attorney?

I believe in paying people for their work, but they are abusing the fact that they's attorneys.
 
Their time isn't free. I'm sure they can point out in the forms you signed that you don't have a leg to stand on.
Good luck :beer:
 
Originally posted by: everman
Their time isn't free. I'm sure they can point out in the forms you signed that you don't have a leg to stand on.
Good luck :beer:
Click to expand...

And don't you have to try to resolve the situation on your own before involving the credit card company? Edit: Well I suppose he did ask for a refund, nevermind about that.

Originally posted by: badmouse
Heck, yes, chargeback them. What do you have to lose?? This is credit card fraud. Idiots.
Click to expand...

How do you know? He didn't really give us enough details to say that.
 
You might contact the state bar association and ask if their behavior is considered acceptable. Possibly the state attorney general's office as well.

They did probably get you to sign something about charges. Did you Read The Friendly Paperwork yet to see what you agreed to?
 
Originally posted by: takhyon
I had a paid consultation with an attorney, and decided to hire the firm. I signed the agreement and sent the form for the credit card authorization. I didn't hear from them for a few days, and after a number of calls, I was sent a waiver form to sign, before they would start working on my case. This was in addition to the agreement I'd signed earlier. They also sent me some templates for letters. My card had not yet been charged.

Needless to say, my confidence with this firm wasn't very high at this point. The waiver letter I was signing said something about getting advice from independent counsel. I did exactly that. I contacted another attorney, found his strategy much better and found that he was more confident. I decided to go ahead with the new attorney.

I contacted the old firm and told them, that I did not want to continue with them. They asked me to send an email, which I did. The next day, they went ahead and charged my card for the first payment (half the full amount). We talked a few times and now they tell me, that I'm not entitled to a refund, the amount charged covers the additional consultations and the letter templates.

I dont have a problem paying for the additional consultation and any time they spent on my case, but charging this for the templates doesn't seem right. Should I chargeback on the credit card?
Click to expand...

They are attorneys. You want to trust them also?

Shirley you jest.
 
Originally posted by: mugs
Originally posted by: everman
Their time isn't free. I'm sure they can point out in the forms you signed that you don't have a leg to stand on.
Good luck :beer:
Click to expand...

And don't you have to try to resolve the situation on your own before involving the credit card company? Edit: Well I suppose he did ask for a refund, nevermind about that.

Originally posted by: badmouse
Heck, yes, chargeback them. What do you have to lose?? This is credit card fraud. Idiots.
Click to expand...

How do you know? He didn't really give us enough details to say that.
Click to expand...

That came out wrong. I meant to say, that when you step into the world of credit, you enter into a realm where sense, reality, previously agreed upon contracts, etc no longer apply. THOSE are the idiots I'm talking about, not the attorneys, who I know nothing about. However, from the timing of the account charge, I suspect that the law firm knows a thing or two about how crazy the credit world is.
 
Well, here's a crazy idea. Why don't you ask the attorney that you hired 2nd his opinion. He is an attorney after all.
 
Originally posted by: tasburrfoot78362
Going up against an attorney. Ummm. Wow. Good luck.
Click to expand...



File a grievance with your State Bar Association, you can find it linked off of your Stae website.

That is one of the few things that really terrifies lawyers.
 
Originally posted by: gooseman
Well, here's a crazy idea. Why don't you ask the attorney that you hired 2nd his opinion. He is an attorney after all.
Click to expand...

This is the best idea yet.. bring him a copy of the first agreement you signed if possible.
 
Originally posted by: jadinolf
Originally posted by: takhyon
I had a paid consultation with an attorney, and decided to hire the firm. I signed the agreement and sent the form for the credit card authorization. I didn't hear from them for a few days, and after a number of calls, I was sent a waiver form to sign, before they would start working on my case. This was in addition to the agreement I'd signed earlier. They also sent me some templates for letters. My card had not yet been charged.

Needless to say, my confidence with this firm wasn't very high at this point. The waiver letter I was signing said something about getting advice from independent counsel. I did exactly that. I contacted another attorney, found his strategy much better and found that he was more confident. I decided to go ahead with the new attorney.

I contacted the old firm and told them, that I did not want to continue with them. They asked me to send an email, which I did. The next day, they went ahead and charged my card for the first payment (half the full amount). We talked a few times and now they tell me, that I'm not entitled to a refund, the amount charged covers the additional consultations and the letter templates.

I dont have a problem paying for the additional consultation and any time they spent on my case, but charging this for the templates doesn't seem right. Should I chargeback on the credit card?
Click to expand...

They are attorneys. You want to trust them also?

Shirley you jest.
Click to expand...

why are you calling takhyon "Shirley"??

 
Thanks everyone for your input.

Well, with respect to the friendly paperwork I signed - there's a clause about paying all legal fees and costs incurred prior to conclusion or termination of services. All flat fees will be non refundable once substantial services have been performed.

The only services that were performed were phone consultations and the letter templates that were sent to me.

The contract said that the agreement doesn't come into effect until the deposit is paid. I'd asked them to close the case, before the card was charged, although I had sent the signed paperwork to charge the card.

I dont know if this should play into this - I've moved and they dont have my current address!

teddyv, your idea seems promising. What possible (negative) repurcussions are there?

badmouse, Who's doing the credit card fraud? me or the attorney?

I think jadinolf meant "surely" not "shirley".
 
Originally posted by: takhyon
Thanks everyone for your input.

Well, with respect to the friendly paperwork I signed - there's a clause about paying all legal fees and costs incurred prior to conclusion or termination of services. All flat fees will be non refundable once substantial services have been performed.

The only services that were performed were phone consultations and the letter templates that were sent to me.

The contract said that the agreement doesn't come into effect until the deposit is paid. I'd asked them to close the case, before the card was charged, although I had sent the signed paperwork to charge the card.

I dont know if this should play into this - I've moved and they dont have my current address!

teddyv, your idea seems promising. What possible (negative) repurcussions are there?

badmouse, Who's doing the credit card fraud? me or the attorney?

I think jadinolf meant "surely" not "shirley".
Click to expand...

it's from an old movie. not sure which.

they use the fact that those two words sound the same. one says "surely you jest" the other responds "no, and please don't call me shirley".

 
Originally posted by: PlatinumGold
Originally posted by: takhyon
Thanks everyone for your input.

Well, with respect to the friendly paperwork I signed - there's a clause about paying all legal fees and costs incurred prior to conclusion or termination of services. All flat fees will be non refundable once substantial services have been performed.

The only services that were performed were phone consultations and the letter templates that were sent to me.

The contract said that the agreement doesn't come into effect until the deposit is paid. I'd asked them to close the case, before the card was charged, although I had sent the signed paperwork to charge the card.

I dont know if this should play into this - I've moved and they dont have my current address!

teddyv, your idea seems promising. What possible (negative) repurcussions are there?

badmouse, Who's doing the credit card fraud? me or the attorney?

I think jadinolf meant "surely" not "shirley".
Click to expand...

it's from an old movie. not sure which.

they use the fact that those two words sound the same. one says "surely you jest" the other responds "no, and please don't call me shirley".
Click to expand...

gasp!
How can you not know what movie it is?

Airplane!

Ted Striker: Surely you can't be serious.
Rumack: I am serious... and don't call me Shirley.

Rumack: Mr. Striker, the passengers are getting worse. You must land soon.
Ted Striker: Surely there must be something you can do.
Rumack: I'm doing everything I can... and stop calling me Shirley.
Click to expand...

tsk tsk young whippersnappers!
 
Originally posted by: takhyon
I had a paid consultation with an attorney, and decided to hire the firm. I signed the agreement and sent the form for the credit card authorization. I didn't hear from them for a few days, and after a number of calls, I was sent a waiver form to sign, before they would start working on my case. This was in addition to the agreement I'd signed earlier. They also sent me some templates for letters. My card had not yet been charged.

Needless to say, my confidence with this firm wasn't very high at this point. The waiver letter I was signing said something about getting advice from independent counsel. I did exactly that. I contacted another attorney, found his strategy much better and found that he was more confident. I decided to go ahead with the new attorney.

I contacted the old firm and told them, that I did not want to continue with them. They asked me to send an email, which I did. The next day, they went ahead and charged my card for the first payment (half the full amount). We talked a few times and now they tell me, that I'm not entitled to a refund, the amount charged covers the additional consultations and the letter templates.

I dont have a problem paying for the additional consultation and any time they spent on my case, but charging this for the templates doesn't seem right. Should I chargeback on the credit card?
Click to expand...
go for it. :laugh:

 
teddyv, your idea seems promising. What possible (negative) repurcussions are there?
Click to expand...

It is really quite simple. Contact Atty#1 and ask for a detailed billing. When you get that, climb through it and note the parts that you feel were not done, not authorized, or questionable (for instance charging 4.0 hours for sending unaltered template letters via e-mail.) Contact Atty#1 and contest those charges you feel are not warranted, usually it ends there. If it doesn't, you can either: pay and file a grievance, or not pay and file a grievance. Either way, once Atty#1 hears you will be filing a grievance he will become much more accomodating to writing off the billing you have questioned.
 
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