I entered into an agreement with a client of Frank and Burke, Attorney at Law in which they (client and attorney) have refused to honor the stipulations spelled out in the signed contract. They have refused to honor our contract in numerous ways. As per our contract, I am required to go through mediation with their client (which we did) and if we could not come to an agreement, we are required to go through arbitration with a neutral arbitrator. It is at this point in which Frank and Burke have refused to cooperate and to proceed to arbitration.in fact, they have repeatedly refused to cooperate and take a very arrogant tone with me.
I have given them numerous options on a direction we could go, yet they constantly refuse to cooperate. I have offered a neutral arbitrator numerous times and they refused to use him because they never heard of him, yet they never made the effort to research them. They insisted we only use an arbitrator they suggested. When I did agree to use an arbitrator from the very organizations they requested we use, they refused to use him without any stated reason why. They repeatedly stated they are able and willing to go to arbitration, yet refuse to do so even under their own set terms. When they offered to let the dispute go into small claims trial they offered to pay the difference of the small claims limit and what I was seeking if the judgement was made in my favor. When I asked for that agreement in writing, they refused.
It is my belief they are taking this tactic to drag out the litigation process in order for them to continue to write repetitive and pointless letters in an effort to increase their billing to their client.
In addition, they deliberately tried to use intimidating tactics against me by faxing a private and personal letter to a very public fax machine at my place of employment. I never provided them with a fax number nor gave them permission to fax any documents to my place of employment. Nor did they notify me of such documentation being faxed to me and her action has caused damage to my professional reputation. I am now into civil litigation against the firm and their client requesting a jury decide the case and include punitive damages.
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