FloridaLoveBug 7 Posted March 21, 2013 So many of you know I had got a lawyer last year in Oct to try to file through my husband but then we never filed anything (no forms,no meetings no interviews etc). We didn't get any attention from our lawyer to get the process going. So then, we asked him to switch it over to a DACA case because the forms are cheaper etc. We figured later on we can apply through him when I am working so we have enough $$. But....plans fell through with that & we haven't had the money because of problems with one of our vehicles. We never met in office to talk about this & we never filed any forms or did anything for this either. We already had a credit from the previous case (money that wasn't used on the case) and I decided to just end our contract because I wasn't getting answers to anything I wanted help with & it seemed like nothing was happening. I wasnt going to give him my information & money if they didn't answer my questions first. At the time of cancelling I asked for the $480 credit that he told me I had and he just wrote me back today & refused to give it to me & says that I still owe him the monthly payments that we agreed on in the first case (the case that was cancelled & we moved on to the DACA). Anybody know if this is right? I feel almost cheated right now. They never represented me in anything & they never did anything for me! What do I do? I just want some advice. I read our agreement & it says that clients termination of contract doesnt end the payments obligations. But if they didn't do anything for me, do I really have to still pay that money? :'( please help. I am so stressed out right now. Share this post Link to post Share on other sites
stolenlacs 37 Posted March 21, 2013 Well i'd hate to tell you if a contract was signed then the ball is on his court, but what was the contract signed for? The daca? Or the previous case he was handling? My lawyer has told me upfront if I decide to leave or stop working with her that any unused money will be reimbursed, she would just discount any hours put in to the case and pay me the rest. Is there any mention on the contract about refunds? The fact that you guys have not filled out any forms through your lawyer and the fact that nothing was done as far as a consult or anything on his part seems odd that he would still want to charge you for doing nothing! Share this post Link to post Share on other sites
stolenlacs 37 Posted March 21, 2013 Just re-read your question and since the contract was from the last case I would tell you to have him write you an invoice for what he is charging and how many hours has he put into the case and see if it adds up I dont think he should be able to keep charging you if you cancelled the case. If the invoice doesnt match up from what you know he "did" for that case then you need to report him taking the invoice and the email he sent you. What a shady lawyer! 1 Dariela reacted to this Share this post Link to post Share on other sites
Calidreamer 100 Posted March 21, 2013 ^---I agree, you should ask what you are been charged for, since nothing was done. I do know that some lawyer charge for "consultation" like when you go see a doctor, right? But I doubt it will be $480+ just to ask a few questions. I would also recommend you that you communicate in writing, so that you have evidence to back up your story in case you have to take it further. Good luck. 1 Dariela reacted to this Share this post Link to post Share on other sites
FloridaLoveBug 7 Posted March 21, 2013 ^---I agree, you should ask what you are been charged for, since nothing was done. I do know that some lawyer charge for "consultation" like when you go see a doctor, right? But I doubt it will be $480+ just to ask a few questions. I would also recommend you that you communicate in writing, so that you have evidence to back up your story in case you have to take it further. Good luck. Just re-read your question and since the contract was from the last case I would tell you to have him write you an invoice for what he is charging and how many hours has he put into the case and see if it adds up I dont think he should be able to keep charging you if you cancelled the case. If the invoice doesnt match up from what you know he "did" for that case then you need to report him taking the invoice and the email he sent you. What a shady lawyer! Thank you ladies. I don't know how to upload files here otherwise I would upload a copy of the contract. But it says "All fees are none refundable" & under the Total: $2750 + filing fees + costs. It is written just like that. Then under Breach: it says that Client's termination of contract does not end payment obligations hereunder. ( we had worked together a deal where we'd pay him certaina mount per month until it was paid off) but I thought this contract was done for since he agreed to change it to a DACA case. This is so stressful. Share this post Link to post Share on other sites
FloridaLoveBug 7 Posted March 21, 2013 Oh & I forgot to mention that I emailed him & asked him what exactly am I being charged for since he didn't do any representation etc & he simply emailed me back saying that I signed a service agreement to pay $2750 in fees & that contract binds me to have to pay for it. Share this post Link to post Share on other sites
Calidreamer 100 Posted March 21, 2013 Oh & I forgot to mention that I emailed him & asked him what exactly am I being charged for since he didn't do any representation etc & he simply emailed me back saying that I signed a service agreement to pay $2750 in fees & that contract binds me to have to pay for it. I'll say ask for on invoice where he brakes down the charges. If there were no forms filed to USCIS what are the "filing fees"? Share this post Link to post Share on other sites
ERIC 1 Posted March 21, 2013 ask for invoice. any form he sended to USCI any fees he pay to USCI if he really did something he should have invoice stating, i filed this form for them. i made this payment to USCI. my charge for the forms i filed was $$$$ plus the fees USCI charges was $$$ thats why i cant refund any money back to client. i will go to his office, get his business lisence if he has one. report him, there many ways you can report them online or in the county they are working in. i warranty there is other victums around your area, you may not be the only person getting screw. Share this post Link to post Share on other sites
ERIC 1 Posted March 21, 2013 Oh & I forgot to mention that I emailed him & asked him what exactly am I being charged for since he didn't do any representation etc & he simply emailed me back saying that I signed a service agreement to pay $2750 in fees & that contract binds me to have to pay for it. ok yes you sing the contract. thinking you where going to get your things done, green card whatever. that contract is nothing, not vallid if the lawyer didnt move a finger. the only finger he moved was to get you to sing the contract to take your money. f***k the email go strait to him, ask for invoice any form hi summit to USCI, fees he pay to USCI his charge for any form he filed for you. ask him i need invoice not email with bla bla bla crap. if he did filled form an pay fees to USCI he should have receipt. every form you send to USCI, USCI will give you a receipt so you can track online. you can also call the USCI, the first thing they will ask you is, if you sended any kind of form to us you should have a receipt, if your lawyer gives you a receipt call USCI the will let you know whats going on with your case, or what kind of fees your lawyer sended. please get your money back dont let him get away with it Share this post Link to post Share on other sites
Osha 126 Posted March 22, 2013 This is why I don't like lawyers, they are creepy little evil bastards who use their knowledge in law to manipulate and take advantage of people. Be very cautious when you're dealing with lawyers and I mean CAUTIOUS, they are like sales people but with a law degree, trying to sell you and make you sign things that might legally hurt you. I would suggest that you go face to face and ask him for the invoice detailing every activity that he took on your case, but since you've signed that contract I don't know at this point if you have the upper hand. I'm sorry that he did this to you. Share this post Link to post Share on other sites
FloridaLoveBug 7 Posted March 22, 2013 Well I talked to him yesterday & explained to him that it wasn't fair that I was being charged the $2,800+ "fee" because he didn't ever file any forms for me or represent me in anything but he swore up and down & was quite upset with me & said that I signed an agreement & that the agreement says that I have to pay that money to him & he has the right to not refund the money to me. So basically, I am stuck in this predicament paying him. I am scared to keep pushing & maybe have him try to get me in trouble. At this point I am thinking maybe just keep paying him & let it be. It sucks because it's a lot of money to give for free, basically. I've been so upset since yesterday. I have no idea what to do. This is why I haven't even had the money for my DACA app is because I've had to pay him every month almost $200 & thats basically all my "spare" money each month. -sigh- Share this post Link to post Share on other sites
FloridaLoveBug 7 Posted March 22, 2013 He said I am bound by contract, even if I don't do any forms or anything, to continue paying him every month. Share this post Link to post Share on other sites
stolenlacs 37 Posted March 23, 2013 another thing you can do is actually make him do his job if you are "obligated" to pay him then he is OBLIGATED to also fulfill his part of the contract which is representing you and making things happen. Is there an association near you that helps people with things like this or maybe file a report under BBB as well? Share this post Link to post Share on other sites