ComplaintsforFink & Katz PLLC

• Initial Complaint

  04/01/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  Attorney(s) and all office staff members refuse to communicate with me, inform me of any updates or general circumstances regarding my case. I have paid the above listed law firm a retainer of $5,000.00 USD, $3,706.25 USD of which remain available since last issued itemized receipt. I have desperately and unsuccessfully tried to contact the office for well over a whole year. It is clear that *********************, along with his staff, have no intention to keep legally representing me, however, it is also clear that they fraudulently intend to keep my retainer deposit without any type of explanation or remorse. I find this absolutely despicable and unprofessional. As a single mother, I can only hope and pray they would return my funds.

  Business response

  04/22/2022

  While *** *********** is understandably frustrated with the legal process, her complaint is a projection of her frustration with the process, rather than a legitimate complaint against our office for the reasons explained below.

  What *** *********** does not explain to you in her complaint, is that her husband filed for divorce and failed to prosecute the case after filing, which caused a long delay. What she also does not explain to you in her complaint is that her husband had an an attorney who would not respond to either me or the court as we attempted to move the case along. What she does not explain to you is that when I was retained I reached out to that attorney as I am required to multiple times over several months. What she also does not explain to you is that although her husband, as the plaintiff, was required to move the case forward, he did not do so, nor did his attorney. She also fails to include in her complaint that it was my office that finally got the case before a judge. She also fails to explain that when the case finally was called before a judge, her husband and his counsel failed to appear multiple times over multiple months. By that time, COVID had shut the court down to all but essential functions for roughly a year. After roughly ***** months of the case being dragged out because of these issues with her husband and his attorney, the husband opted to proceed without an attorney, making moving the case forward even more complicated since he was the plaintiff. A plaintiff is obligated to prosecute the case and her husband fired his attorney and did nothing further to move the case along. Again, it was his case, not *** ***********'s case.  What she also fails to advise you is that the judge on the case left the matrimonial division and that caused the case to be further delayed.  In sum, there have been a confluence of circumstances that have delayed our case and none of them had anything to do with our work, or lack thereof.

  In terms of communication, in fact, I have been in contact with *** ***********, as recently as early this week and we have communicated both by email and phone over the past several weeks. We are working towards moving the case to a conclusion with our office taking the lead, despite the fact that it is the husband's obligation to prosecute the case since he is the Plaintiff.

  Over the past few months we have been in touch with *** ***********. Our paralegal has been the point of contact and has talked to her on the phone numerous times explaining that we were waiting for the case to be assigned to a new judge so we could move the case forward.  Again, while it is understandable that she has been frustrated by the pace of the case, in the end all of the delays were caused by factors that were in her husband's control, with the exception of COVID and the change of judges that added to the delay.

  I hope that our client will be honest and not seek to deny all of the above, which are all matters of fact and a legal record.  Thus, we have gone over and above for our client, as we do for all clients, and deny that we have failed her in any way.  We sympathize with her frustration, but deny that her complaint is legitimate. 

   

   

  Customer response

  04/29/2022

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID# ********, and have determined that my complaint has NOT been resolved because:

  [Your Answer Here]

   

    
  The statement made by the business are not accurate as they failed to admit their wrongdoing and so keep lying about avoiding communication. This issue has not been resolved as it is unknown if they will yet again stop communication with me at any time without notice and without completing their job.

   

   

  In order for the BBB to appropriately process your response, you MUST answer the question above.

  
  Sincerely,
  
  ******** ***********
  
  
  
  
  
  

  Customer response

  06/23/2022

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me and the matter has been resolved.
  
  Sincerely,
  
  ******** ***********
  
  
  
   
  
  

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