What next?

[gollymolly]

>
>All I can suggest is that you tell the attorney if he isn't
>willing to give you the representation that you deserve, that
>you will put his entire bill in dispute and file a complaint
>with the state bar. That will mean that your attorney will
>push back and probably try to walk away from the case, and the
>judge will almost certainly let him walk. Then you'll have to
>hire someone else, only there is no one else. Which sets you
>up to lose.

sorry about the new handle.....

i spoke with you previously regarding substantial prejudice shown from the bench. My attorney was more than reluctant to help and did not wish to file a recusal against the judge.

i consulted many local attorneys after speaking with you regarding the matter. They all basically said the same thing... that my attorney needed to "grow a set" or there was a greater political issue interfering with his ability to properly represent me.

My attorney is a former magistrate and as it turns out, he has had his eye on the bench for some time now... possibly before he even took my case.

this explains his hesitation to recuse the judge. I called him on it, saying that i didn't feel I should be paying for a 'human relations' issue.

he attempted to outsource the dirty work to avoid the impact on his career... but no one would touch it, since there was no record of what the judge said and they did not hear it on their own.

due to my persistence and great protest (in writing), he filed the recusal for me but it was strangely worded.

I am not sure how any other attorney would have written the complaint, but it seemed quite sweet, though i understand his reason for wishing to approach the recusal complaint in a respectful manner.

only a few short weeks following the letter from the judge granting the request, my attorney announced his candidacy.... also that he would be unavailabe for most of the month of july, august.... possibly some in september.

he is difficult to reach and is focused on his campaign. in fact, i strongly feel that his focus was always on the bench and not on representing me to the best of his ability.

I retained this attorney following the unexpected demise of my previous attorney, that occurred in January.

since march he has billed me for over $10k.... of course most of which was getting aquainted with my case.

it appears that not only am i without an attorney, again, but that i will be spending more money getting another attorney aquainted with my case.

he says that if he wins the election that he would not begin until january. in the mean time i do not feel that he can effectively represent me, while having this campaign on his mind and then possibly the judicial position.

so to the question....
1. though he did some great work on my case, does it seem necessary for me to seek new counsel (not good to change horses again).

2. if so, would it be appropriate for me to dispute a portion of his bill?... it is fully refundable if not used.

3. he does have a sr. partner. would it be better for me to try to get on her calendar? my attorney stated that it would work if he were elected, because it would cut down on my costs of taking on a new attorney.

 i really feel as if he is keeping my case to line his wallet. in fact he made a statement that if he does not win in september that he will need to bill a lot of hours to pay for what he lost in the election.

4. is it appropriate for me to ask to be transferred to his partner now rather than pending election?

5. how would you suggest i handle this?


thank you for your help.

[socrateaser]

>1. though he did some great work on my case, does it seem
>necessary for me to seek new counsel (not good to change
>horses again).

I can't tell you what to do on this. If it were me, I'd drop him like a hot potato, because he's gonna be submerged in trying to get elected. But, I don't actually know him, so I don't really know how well he multitasks. Maybe he's still better than the rest of the attorneys who you could choose to replace him with.

>
>2. if so, would it be appropriate for me to dispute a portion
>of his bill?... it is fully refundable if not used.

The justification for disputing the bill is if he knew he was going to run for office before he took your case and failed to inform you, so that you could have made an informed decision about whether to employ his services, knowing that he might not be sufficiently dedicated to your cause later on.

If you think this is true, then I'd raise the issue and ask for your money back. If he refuses, then you can write him a letter and place the entire amount in dispute on the basis that I've just explained and ask for a fee arbitration hearing.

>
>3. he does have a sr. partner. would it be better for me to
>try to get on her calendar? my attorney stated that it would
>work if he were elected, because it would cut down on my costs
>of taking on a new attorney.

I'd get a consult with her now, and decide if that's an option, because you may be getting a pig in a poke.

>
> i really feel as if he is keeping my case to line his wallet.
>in fact he made a statement that if he does not win in
>september that he will need to bill a lot of hours to pay for
>what he lost in the election.

Ya think? He's a LAWYER.

>
>4. is it appropriate for me to ask to be transferred to his
>partner now rather than pending election?

Completely.

>
>5. how would you suggest i handle this?

Ask for a consult with the sr. partner and lay your cards on the table. If she's not willing to cut you a deal, put the entire bill in dispute and look for new counsel -- and complain to the state bar that you were misrepresented.

Or, try to make a deal with the sr. partner now, and do the best you can.

Just make sure that the sr. partner is actually capable of handling your case. Frequently, sr. partners are figureheads who haven't actually done and good litigating in years, because they are more involved in gathering new business than dealing with existing business.