Lawyer did not progress my case in 5 months

Discussion in 'Legal Issues' started by ellejay, 20th Dec, 2019.

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  1. ellejay

    ellejay Well-Known Member

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    I hired a lawyer 5 months ago to recover some funds owed to me. He kept saying he was talking to the Barrister, and talking about the complexities of my case. He never produced a statement of claim in all of that time or filed in court. I moved to a different lawyer a week ago who, in those few days has: given me written advice from counsel, sent me a statement of claim, copied me into an email to a server arranging to get the affidavit served in this person today, has filed for court and applied for a further caveat on this person's property.

    I emailed the first lawyer last week to express concern about the lack of progress and request that he return my fees because I've now had to pay a second lawyer to do what he had been instructed to do. He replied saying that he can not communicate with me as I'm no longer his client!!

    Honestly, this experience of being ripped off seems to be having a snow ball effect where everything connected to it also goes wrong for me. :oops:
     
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  2. willair

    willair Well-Known Member Premium Member

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    Maybe just find out the respected body that deals with complaints against legal practitioners in the state you are having the problem in,each state is different but they all work the same ..imho
     
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  3. Propertunity

    Propertunity Well-Known Member

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  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Legal services commissioner and law society
     
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  5. ellejay

    ellejay Well-Known Member

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    I've now done that. Posting this as it may help someone else pick up the signs earlier than I did of something gone totally pear shaped.

     
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  6. Guest

    Guest Guest

    Have your new lawyer send him a letter of demand for return of the fee paid for service?
     
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  7. ellejay

    ellejay Well-Known Member

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    Between getting conned out of a large amount of money, then paying a lawyer to do nothing for 5 months whilst having to juggle money around to pay bills I'm really hoping there's an agency that will do that for free since I'm now also paying big $$$ to lawyer number 2 to deal with the original issue (btw lawyer number 2 is brilliant).

     
    Last edited by a moderator: 10th Oct, 2021
  8. Morgs

    Morgs Well-Known Member Business Member

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    Assuming this is a property related matter? Any chance you can PM me lawyer #2's details? With thanks :)
     
  9. ellejay

    ellejay Well-Known Member

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    Lawyer number 2 has moved mountains in a week to try to help me mainly because the property coach's property was repossessed a few months back and there are enough surplus funds in the lenders Trust Account to repay alot of what I'm owed. I instructed Lawyer 1 to pursue this money (I had a caveat on the house that was sold). He never did though, and the coach is disputing that she has my money (even though there is undeniable proof). Due to lawyer 1's inactivity I have no claim on these funds and they're likely to be returned to the coach and be much harder to recover.

    Lawyer 2 is Dan Georges, Finn Roche. He seems outstanding so far.

     
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  10. Charlotte30

    Charlotte30 Well-Known Member

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    Painful. Keep at it. Just as well you have other funds. Does not help how you feel at the time though.
     
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  11. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    You would have a claim against the lawyer for negligence and breach of contract, all lawyers are insured so you can make a claim.
     
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  12. ellejay

    ellejay Well-Known Member

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    Sadly that's what I'm going to have to do. I don't know what he was thinking of, or why he didn't just tell me upfront that he couldn't/didn't want to work on my matter.

     
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  13. TMNT

    TMNT Well-Known Member

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    Any chance you paid fees via credit card??
     
  14. ellejay

    ellejay Well-Known Member

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    Thanks Terry, this is something. I'd need my new lawyer to pursue separate from a complaint to the Legal Services Commissioner?


     
  15. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Yes
     
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