Need Legal Advice Help PLEASE! NON COUPON RELATED

[loftywater]

Hi all,

I am really desperately needing some legal advice help ASAP!. Ive tried the internet but no luck.

Here's the story, we hired this lawyer to help with some immigration process and paid him $1500 first. Only went in to see him once and talked to him then it was for maybe 30 minutes that we talked. A week later we came in to give him the cheque for the $1500. About 2 weeks went by we decided to call and ask him how its coming along and he just kept saying wait for a letter in the mail. Finally by the third week we figured this was just a big waste of time and he was no help at all. So we came in and told him we want to cancel and would like our money back, but know that he might have to deductible some fees (we were thinking around 200-300 at the most)

This was all about 6 weeks ago. I would call him every couple days wondering where's my money? he would keep saying call me back next week or something along that line. So finally I came in today and he was in and spoke to him asking about my money. He said his checks haven't come in yet. So I asked him how much he was giving me back and he said maybe $500. And this was just MAYBE $500....I was so P.O and shocked at that amount $500??? Why is he taking $1000 for?

He didn't do anything to my knowledge. He never returns my phone calls or answer my questions. So I asked him why is he taking $1000 for? he said for his fees. I was just so mad I finally said I was going to hire another lawyer and ask about this fee he's charging me. Because I think he did nothing to take my $1000. He wasted my time for all those times I would call or go to his office to try and talk to him. He seem a little scared when I said I was going to another lawyer and show them all the phone records I had made to him and he had made none to me. He told me to come in again on Friday and he would a check for me and an amount. What Can I do to get my money back??? he was a big waste of time and he's completely useless.

Any help please! any lawyers out there?? that can offer some advice???

I know nothing about legal stuff. Can he really take my $1000 as a fee and only pay me back $500? I'm in school, so I really need that money back I even asked him to give me an outline of his fees and what he is charging me for and he said he can't do that because he charges different.

[hopeinfaith]

I saw this in new posts. I wish I had some advice for you but I really just wanted to offer my support. That sucks *so* much.

[seventhwave]

Ask him, IN WRITING sent registered mail, to outline his fees on official letterhead. State that if you don't receive this in writing within xx days, you expect your full deposit back.

[loftywater]

Ask him, IN WRITING sent registered mail, to outline his fees on official letterhead. State that if you don't receive this in writing within xx days, you expect your full deposit back.

I came in today to ask him and he said he doesn't do that. I know nothing about legal stuff so didn't know what to say. He told me to come back on friday and he'll "hopefully" have an amount for me. Not a check but an amount! argh... I hate that he's taking advantage of me

[ariyadhana]

Try Edmonton Community Legal Centre, they deal with immigration law and will charge little to no fee if you are low income:

http://www.eclc.ca/

Or you could try Student Legal Services, law students at the UofA who will help you with legal advice or point you in the right direction if they can't help you:

http://www.slsedmonton.com/

There are a lot of immigration scams out there. I'm sorry this guy ripped you off

[alwaysdaddysgirl]

Contact the Law Society of Alberta the governing body of lawyers in Alberta and find out if he is required to give you a bill outlining his fees (I am sure he is).. Ask if there are any billing or fee guidelines. Ask how you file a complaint and do so.

[Mrsjen]

I agree with the above people. Maybe contact the global trouble shooter? I remember a news report a little while ago actually about a lawyer or two stiffing some people with immigration stuff too. Good luck!!

[loftywater]

I honestly feel like he just wants to take my money. He said today he might give me back $500 thats just a maybe. I was really upset. I feel like he did absolutely nothing to help me and wants to take $1000. I spend 6 weeks trying to get my refund back or even any answer regarding my refund and he was just not giving a straight answer.

He says he charges differently from the other lawyers so he's refusing to give me his outline fee which I think is complete B.S! (sorry im just so mad)

[ariyadhana]

Hey may not even be a real lawyer. There has been warnings from the federal government about these Immigration "Consultants" who charge a lot and do very little.

[alwaysdaddysgirl]

That is why you need to contact the society. All professionals do have billing guidelines set out by the society. It is also illegal for him not to disclose his billing structure. He can't just make up prices, that is how lawyers lose their licenses and they do. A lawyer I had used once (also an ass, he screwed up my mortgage) lost his license.

Save yourself some worry and call them. I know my husband's association almost always sides with the customer even if they are nuts. They just want the problem solved and they will pressure the professional to solve it quickly so they don't have to deal with it.

[Kelkens]

I agree the avenue is to contact the law society after you put in writing your expectations.

As well ask for the total back based on the fact he has not demonstrated any effort on hi s part to resolve your issue.

Most lawyers charge what they call a retainer fee but usually this is lawyers with a very good reputation that have the ability because of their reputation and influence to effect a good deal for their client.

He should be outlining what he can do with you for the retainer and what will be extra. A $1500 retainer fee is not outrageous. In fact good criminal lawyers charge $10.000 as a retainer and that is before they even do anything but they outline that this is their fee and what you can expect from them.

It is very important to get a lawyer based on recommendation usually from friends and relatives...the worst thing one can do is pick a lawyer out of the phone book or one that is advertising. Injury lawyers advertise but it is also important to check out their reputation.

The other thing to remember is that law especially immigration law moves slowly alot slower than most of us like. So the not doing anything might be that he was not moving fast enough for you. The other thing is that some lawyers give false hope rather than being straight with clients as they make a lot more money that way. Immigration has some very set rules that are really not very negogiable. I have not heard of too many challenging immigration to be very successful. My guess is he made you promises he could not follow through with because of the law.

The reason that I am sensitive to this is because of my brothers divorce. The first lawyer told him he would get alternate weekends, one summer month, alternating special holidays/long weekends(Labor Day, Thanksgiving,etc) and Christmas one yaar/ New Years the next as the non cusotodial parent. He did not like this so he fired the lawyer and retained another one. After thousands of dollars the lawyer got him exactly what the first lawyer told him.

I think the second lawyer sucked up to my brother as he knew he wanted a different answer and knew he could get alot of money out of him.

Most reputable lawyers have enough cash in the bank to pay any debts owing. It sounds very fishy he is telling you he doesn't have the money and I think the law society would be concerned about that...hence his funny look on his face.

And lawyers stick together so it is better to go to the law society than another lawyer. The other lawyer charges as well.

[burkeyswife]

You need to contact the Law Society of Upper Canada and report him. He can't just take your money if he did nothing for you. You will be charged for all meetings you had with him, all phone calls you made to him (even though he didn't return any) and any phone calls he made to anyone else or correspondence he has sent. You can certainly ask him to give you a detailed account outlining exactly what he did on your behalf. I work for a lawyer in Ontario and if a client asks for a detailed bill, they get one! Good luck and hopefully you get most of your money back.

[loftywater]

THANK YOU SO MUCH EVERYONE! I will call the Law Society of Alberta tomorrow and hopefully get some help from them. Honestly, I don't know why he's charging me $1000 without even explaining to me the certain fees that he's charging.

So I should just call this "lawyer" and not go meet up with him on Friday? I really hope to get my money back soon. He did not give me anything to sign just told me what to pay so I got a bank draft made out to his firm's name for $1500. Is that still proof I did paid him if he tries to deny?


thanks all!

[KrazE]

Is your lawyer listed in the directory? (http://66.11.159.211/extra/lawyer_directory.aspx#)

In addition, the Law Society's complaints department doesn't assist with fee disputes, you actually need to contact the taxation department at the court (http://www.albertacourts.ab.ca/)

Best of luck to you!

[ariyadhana]

A bank draft in his firm's name is proof of payment. If it was me I would still go meet with him on Friday and try to get my money back, if he refuses let him know that you will be following the appropriate legal channels.