Correspondence to attorney

[DecentDad]

Soc,

Attorney continues to bill me for all his work to correct the bad judgment.  I haven't been paying any of it (i.e., I paid everything else, but not what is his fault).

Can you give me your feedback on the following?  It's my most assertive bill dispute to date.  Do you think this starts a war I don't need until after attorney fixes things... or would it light a fire under him to fix it (i.e., to cover his butt)?

Per our retainer agreement, bill disputes must be in writing within 15 days, else fees are presumed valid.  His office has yet to respond to the three letters I've sent in past several months.

Thanks,
DD


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Dear Mr. Attorney,

This correspondence serves as a bill dispute for the invoice dated December 15, 2004.  I have yet to receive a response to my prior written bill disputes, per our retainer contract.

Please note that my account was paid in full in June 2004, having paid your office a sum approaching ((my daughter's future college education)).  All outstanding charges on my account have come since that time.  It's difficult to accept that I should pay any of the outstanding fees on my account for the reasons outlined as follows:

* Your office did not expeditiously respond to opposing counsel's draft judgments, despite my requests to do so (i.e., per facsimile transmissions from me, with confirmation of successful transmission).

* Your office moved for and/or appeared at a continuance in late June without advising me of such decision.  I presume this was because your office did not respond to opposing counsel in a timely manner to his initially proposed judgment despite my prompt feedback to you.

* Your office informed me of opposing counsel's final judgment draft 8 days after it was sent to your office.  Your office failed to object to the proposed judgment within the 5 days outlined in trial rules, and your office was aware (via prior correspondence from me) that the proposed judgment contained unacceptable clauses.

* In court on August 30, the judge advised you that I should file objections for the proposed judgment filed.  I provided your office with my objections on August 30.  Your office waited 3 more weeks and then filed my objections 32 days after opposing counsel filed his proposed judgment with the court.

* I haven't been able to modify child support due to the judgment that was entered arguably as a result of neglect within your office to object in a timely manner to a proposed judgment.  As a result, I have been paying far over guideline amount month after month.  This is a financial blow I've been willing to tolerate thus far, expecting that your office will absorb the costs of correcting the consequences of how it has handled the entry of judgment in my case.

* Your office advised me to incur fees in preparation to modify child support, with no basis in change of circumstance for the judgment filed with the court.  Because of this, the child support pleadings were never filed.  Such work product has had no benefit to me and was only pursued on the understanding it would come before the court and likely reduce my child support obligation.

I'm hopeful that your office will be able to correct its neglect in failing to vigorously object to opposing counsel's unacceptable draft judgment in a timely manner.  To date, I have not filed a complaint nor pursued any other remedy.  I understand that errors can happen and that no malice was involved—I'm confident your office will correct the consequences of an error it made.

If my perspective is not a reasonable one, please let me know.

Sincerely,

[socrateaser]

Before reading your letter, do your other dispute letters cover the issues in this letter, or is this all new business?

[DecentDad]

The other letters cover some of the issues in this letter.  This letter rehashes the history that led up to me continuing to dispute the latest charges.

This letter is in response to another $1900 in fees for work solely to correct his mistake.  Total to date (for this issue alone) is over $7k.

Thanks,
DD

[socrateaser]

I suppose you have nothing to lose by telling the attorney exactly why you believe you shouldn't need to pay for any of this.

I didn't read the letter. You're quite capable of handling that. Just make sure that you stick to the facts. As I recall, he filed a motion which required grounds based partially on his own inadvertance. I would argue that filing was an express admission that this is his mistake and that you shouldn't be charged for any of the necessary remedial activities.

[DecentDad]

Ok, thanks.

The facts are clear that he missed the deadlines, which arguably landed me where I am.

I haven't mentioned bar complaint or malpractice, but surely he's got to know that I'm bright enough to know about such things.... and surely he's got to know that he messed up.

He didn't act with malice, so I just want him to fix it and eat the cost.

His 471 set-aside pleading was for undue surprise (not admission of error, neglect, or inadvertance).  So he hasn't admitted any wrong-doing at any time.

That doesn't hold water with the actual facts of the case, but I ain't going to correct him if the pleadings get the job done and if that's what he needs to keep his ego intact with the court.

Happy holidays!

DD

[socrateaser]

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[DecentDad]

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