My wife had a motor vehicle accident, two years lapses and its almost the arbitration date and my attorney withdraws as our attorney and now threatens to file a lien for almost $4,000.00 dollars. Thank God my son that was in the accident (who just had brain surgery months prior) was not severely hurt the other side agreed on a settlement for the children and it was scheduled for an arbitration date. Then our attorney withdraws. He pulls this on us when we don't have the money for this. I can't believe that a lawyer is allowed to pull something like this in this day and age. This is a true travesty of justice and we need help yesterday as all of these legal documents are hitting us from both sides. Please help!
Here is a time line of events.
Please note, that the accident was not my fault. The person who hit me was ticketed by the police.
Nov. 30,1999
I had appt. W / Atty. Eric Dobberstein The appt. W / very quick & brief. We discussed the case briefly & the atty. Sent me to see a Dr. Edward Fishman for my therapy... Then he left the room.
His assistant came into the room, asked for the police report, left the room & made a copy. She then walked back into
the room, handed me a "Contingency Retainer Agreement" & showed me where to sign. She stated, "It's just a standard contingency... If you don't get paid, we don't get paid." I signed it. She was in a big hurry.
*Note: she did not give me a copy & simply said that she w / mail it to me shortly... I never had dealings with a lawyer like this. I had no reason to think I'm going to get ripped off.
I made several calls to the secretary, asking for a copy, but I never received one. It was not explained to me at any time about any Atty. Fees "Changing/Raising"
June 21
* I only found out when I got copies of some of the paperwork along w / the Atty's withdraw (sent regular mail) post marked June 21st *
I received a letter dated June 21... States:
Please be advised all matters concerning this case have now been "CONCLUDED." I'm closing my file effective June 21 This letter also stated in BOLD PRINT...
In addition, enclosed please find a copy of the NOTICE OF ENTRY OF ORDER
*PREVIOUSLY MAILED *
(I never received anything) The letter goes on to say... Pursuant to the same, please remit $3938.95 to my office within 10 days of receipt of this letter. He then closes his letter & says "in addition, it's been a pleasure representing you & I wish you all the luck.
The same day in the mail (sperate pkg.) sent regular mail...
Letter dated JUNE 20 states:
As you know, the judge granted our motion to withdraw in the above matter on June 11... Following the hearing, we received a SECOND ORDER of Continuance of Arbitration Hearing, copy enclosed. I'm advising the arbitrator, George Johnson, esq.By copy of this letter that you've been advised of the new hearing date & other deadlines there in.
He closes the letter & says, Should you have any questions or comments, we w / address same when you contact me...
Also sent in same pkg...
Second Order of Continuance of Arbitration Hearing States:
hearing to be held July 19 10:00 am
Pre hearing briefs July 17
Then in BOLD PRINT... States:
Further ordered that the defendant has not deposited w / arbitrator the requested deposit toward fees & costs, although previously requested & ordered to be paid forth in.in the order entered into this matter on March 9 and shall do so with in 5 days here of.
*This was dated JUNE 12 *
note: I did not even get this delivered until June 22 or 23
January 8 I received a letter stating:
Offers of judgment from the defendants atty;
Megan = $ 550.00
Vincent = $ 1450.00
Delia = $1059.00
The letter also stated, should you decide not to accept, please understand that you COULD be responsible for Atty. Fees, interest & costs if we fail to obtain an arbitration award greater than the amounts offered.
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