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  • Does she reimburse or not?

    Can anyone help me here?
    I hired a lawyer to file labor certification by RIR. There were a lot of mistakes so the application has been delayed over 2 years. Recently she told me she has a job with the state and so she cannot work on my case any longer. She requested that her partner handle the case n her absence. I had paid $4000 out of the $5000 she had asked for, but her partner asked me to pay an extra $3,500 because there was too much work to be done. I called the attorney for explanation. She told me she does not know what is going on and called her partner to see what was going on. Her partner denied that he has asked for extra money.
    I decided to hire a new attorney because I was not satisfied with the way things were going. I asked for reimbursement of unearned fees and she has refused. I filed a complaint with the state board. We were scheduled for a hearing, but I have received another letter that the attorney has filed an appeal.
    Does anyone believe she ought to reimburse the unearned fees? The labor certification is still pending, being handled by a different attorney.

  • #2
    Can anyone help me here?
    I hired a lawyer to file labor certification by RIR. There were a lot of mistakes so the application has been delayed over 2 years. Recently she told me she has a job with the state and so she cannot work on my case any longer. She requested that her partner handle the case n her absence. I had paid $4000 out of the $5000 she had asked for, but her partner asked me to pay an extra $3,500 because there was too much work to be done. I called the attorney for explanation. She told me she does not know what is going on and called her partner to see what was going on. Her partner denied that he has asked for extra money.
    I decided to hire a new attorney because I was not satisfied with the way things were going. I asked for reimbursement of unearned fees and she has refused. I filed a complaint with the state board. We were scheduled for a hearing, but I have received another letter that the attorney has filed an appeal.
    Does anyone believe she ought to reimburse the unearned fees? The labor certification is still pending, being handled by a different attorney.

    Comment


    • #3
      Joe, the $4000 should have been a "retainer" for their services. Have you received an itemized billing for their services? The statement should show what actions they have taken in your behalf, the time they spent preparing the documents, telephone calls, additional expenses, etc. At that point you can see if they have "used" the $4000 you remitted. Unfortunately, even if your outcome was not satisfactory, attorneys have the right to be paid for services they have rendered. I would start there and see where you are. If you have hired another attorney I would ask that attorney whether the charges from your previous attorney are "reasonable and customary". Good luck

      Comment


      • #4
        billiedance,
        She has not provided an itemized list of expenses at this point. I perfectly understand that she deserves payment for rendering her services. But the point is she asked for $5000 for filing of labor certification and adjustment of status. She asked for 50% down before she began work, which I did, and then monthly installment payments of $500. I made 3 payments and realized I was paying more than work being done.
        The labor certification was canceled at some point during the process because she failed to repond to DOL within 45 days. We refiled the paperwork.
        Now 6 months later, she tells me she has a new job. Labor certification is not complete, and adjustment of status has not been done. the contract clearly stated the fees cover filing of labor certification and adjustment of status. We had not discussed any additional charges regarding phone calls, travel, etc. since the labor certification was not completed I honestly feel cheated, given the fact that the application was once canceled and we refiled.

        Comment


        • #5
          I would do a couple of things. First I would request, in writing, an itemized statement of services and second I would find out who manages the firm she works for. If it's a small firm and she is/was a partner it would be different than if she works for a "firm" because you have retained the services of the "firm" and not the particular attorney. The firm needs to honor the agreement so start with some basic information and then ask to have a meeting with the managing partner, if applicable, to sit down and discuss a solution. I hope this is helpful. Take care.

          Comment

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