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Complaint Details
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Initial Complaint
05/26/2022
- Complaint Type:
- Product Issues
- Status:
- Answered
In June 2021, I called this law firm to seek assistance in a court case involving divorce, child custody and support. I paid $400 for an hour consultation with a lawyer (***************) who advised me that we would be able to pursue the case and advised that it would cost about $5000. I initially paid $3000 as a deposit and *************** began working on my case. About a month later I was billed another $2633.83 which I paid as **** had been working on filing documents for court and reviewing my case. In October 2021 (prior to ever going to court) I was not receiving any response from *************** and ultimately ended up calling the office and was advised that *************** was no longer at the law firm and my case was handed to another attorney. I never had the opportunity to consult with this attorney or given a choice as to who would handle my case. I was charged an additional fee to sub the attorney, an additional fee for the new attorney to review my case, etc. We went to court in November and the entire case was dismissed as it did not meet statue of limitations. The attorney should have advised me of this during the consult and we should have never even attempted this case. I then received another **** for $4,030.47 which was reduced to $2047.25 as a discount. It seems as though this lawyer and this law firm advised me to go through with the case despite their knowledge of statue of limitations and basically charged me thousands of dollars for nothing. I have already paid over $5000 which I was initially quoted and do not think this law firm is owed anything. If anything I feel like the law firm should refund my money for advising me wrongfully.Business response
06/01/2022
I shall respond as completely as possible as the owner of the Law Firm:
Our retainer is for hourly billing. The retainer expressly states:
"COMPENSATION FOR ATTORNEY SERVICES: Client agrees to compensate Attorney Ethan M. Weisinger at the hourly rate of four hundred twenty-five ($450) per hour. ********************* shall be compensated at the hourly rate of three hundred seventy-five ($375) per hour. Any client calls, emails, or communications requested on an emergency or urgent-need basis outside-of-business hours (any times other than 9AM till 5 PM weekdays), shall be billed at the hourly rate of six-hundred fifty dollars ($650) per hour."
Furthermore, our retainer expressly states:
"FEE RETAINER (DEPOSIT) AND COST DEPOSIT: Client shall pay to Attorneys a fee retainer of $3,000 on the following basis:
(a) Fee retainer in the sum of $2,500. Fees for services rendered will be charged at the hourly rates against this retainer. Should any unexpended fees exist at the termination of representation by a formal withdrawal by the attorney, these unexpended fees shall be refunded to the Client.
(b) Client shall further deposit the sum of $500 for costs. If there is no balance for costs, unexpended cost funds shall be returned to Client at the conclusion of the matter. Costs incurred for client may exceed the deposit amount and are reimbursable to attorneys. At the commencement of representation, mediator shall charge a $15 file setup fee.
(c) Should Client's balance to Attorneys exceed the amount of client's fee retainer, Client agrees to pay the outstanding balance within thirty (30) days. Attorneys may cease work on clients matter until amounts billed have been paid. Client shall promptly replenish the fee retainer in an amount to provide a minimum balance of $2,500.
(d) Ordinarily Attorneys will **** clients on a monthly basis and, in any event, promptly upon request. Each invoice will separately state the amount of fees and costs. Billing is generally in increments of one tenth (.1) of an hour. However lesser or greater time increments may be billed if attorneys deem it to be appropriate."Each page of the client's retainer was initialed by the client and the final page of the retainer was signed by the client and the former attorney, *********************. The client's complaint that the billing practices did not match her expectation is expressly shown to be false by our retainer agreement.
Regarding bills that go over a retainer: Our firm collects retainers to commence work on a divorce case. Some cases are straightforward and affordable for clients while other cases demand more attention, skill, and time. This client's case involved a multitude of issues. We responded to those issues competently and professionally.
Regarding the transition of this client's case from ********************* to attorney ***********************: The transition of attorneys occurred on August 31, 2021. The transition occurred following an employee getting covid19 and our office closed down for 10 days due to the exposure of all staff. During this time, emails were automatically responded with an away message and our voicemail included a message regarding the closure of the office. It is not correct to state that there was considerable time wherein the client did not receive a response to emails. ************************* email was made inactive on September 1st, 2021. We have no missed emails from this client during the transition period. Meanwhile, this client's court date, as shown on the public record, was on November 1, 2021.
The transition of ********************* was not expected. ********************* left our firm due to health related issues. ********************* was assigned to the case and spoke with this client. Regarding the new attorney and communication with our firm, our retainer states:
"14. DUTIES OF CLIENT AND ATTORNEYS: Client agrees to reasonably cooperate with Attorneys and to communicate with Attorneys in a timely manner as requested in regard to the above-described matter, and to provide truthful and accurate facts and information to Attorneys. Attorneys agree to provide professional services on client's behalf in accordance with the standard of conduct for attorneys in Contra Costa County, *******************. Insofar as cases in the office are shared, Court hearings may be handled by any of the Attorneys on staff at The Law Offices of Ethan M. Weisinger"
The client therefore was aware that cases in our office are shared and that an attorney other than ********************* could be assigned to her case. Giselle **** professionally and adequately prepared the case for hearing.
Regarding the claim that the entire case was dismissed due to a statute of limitations issue, this is patently untrue. This is a divorce case, there are no statute of limitations. In fact the case continues and there is a hearing in August 2022 according to the public record attached hereto. The client hired our firm on June 21st per a Notice of Limited Scope to handle child custody, child support. There was nothing about a statute of limitations issue. Part of the client's motion was a request to set aside a prior court order, which is the only issue that has a "statute of limitations". The statute for a set aside is pursuant to Code of Civil Procedure 473, which has a 6 month statute of limitations. The motion to set aside was filed within 6 months of the order that the client wished to set aside. Therefore, it is not true nor correct that the motion was not filed timely. I was not at the hearing, but I believe that this client lost the motion not due to the set aside statute of limitations but because the order of the court complied with the terms that the judge intended to enter. I cannot be sure, but the statute (again) codified at CCP 473 provides for 6 months to move the court for a set aside.
Due to this client's complaints to our firm manager about the transition of attorneys in her case, our office reduced the client's **** on February 28, 2022 by $2,000 with an agreement that this client would not disparage our firm in this way. This client was professionally and competently represented at the hearing which involved child custody, child support, extracurricular activities, and the set aside.
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Contact Information
Business hours
Today,8:30 AM - 2:30 AM
MMonday | 8:30 AM - 5:00 PM |
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TTuesday | 8:30 AM - 5:00 PM |
WWednesday | 8:30 AM - 5:00 PM |
ThThursday | 8:30 AM - 5:00 PM |
FFriday | 8:30 AM - 2:30 AM |
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1 total complaints in the last 3 years.
0 complaints closed in the last 12 months.