ComplaintsforHeard & Smith LLP

• Initial Complaint

  12/18/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  After applying in Dec 2020 I solely did all the initial legwork and subsequent required tasks for my SSI case. Approximately 7 months ago I made the mistake of hiring Heard and Smith to 'represent" me with my case. After the initial startup with them they did next to nothing on my case. I can count on one hand how many interactions with a representative from their firm. I had to call social security myself to get updates and documentations regarding my case. DO NOT BOTHER HIRING THEM WHEN THEY DONT KEEP IN CONTACT WITH YOU AND MAKE YOU DO THEIR WORK THAT THEY EXPECT TO VE COMPENSATED FOR. IM FIRING THEM RIGHT NOW!!!

  Business response

  01/12/2024

  This message is a general message, not about this particular complaint. We're available for our clients to reach out to us and discuss any concerns they have directly, but unable to respond in public forum about private matters. Whether a person is a client or not is confidential, same for case facts. When we get a complaint like this, if it is from a client we can identify we reach out to the client and attempt a resolution. If you are a client, call us and allow us to address your concern.

• Initial Complaint

  12/15/2021

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  I hired *********************************************** to represent me for my SSI over 1 year ago. A month ago November 2021, I was advised by ***********************************************'s attorney ********************* that we should reschedule the hearing. I told ****************, that I would think on it. I called *************** back several times to let him know I concur with his decision and to reschedule the hearing. I was unable to reach *************** so I left a message for him to proceed with rescheduling the hearing. I then received a letter from SSI saying that I had to give them a good reason why I missed the initial hearing?! Obviously **************** and *********************************************** dropped the ball and did not inform SSI that we want to reschedule the hearing. I spoke with a different attorney today (12/15/21) for clarification and also to let her know that I will be proceeding by myself and they are not entitled to any compensation when i win my case as a result of, compromising my case by not contacting SSI to reschedule the hearing and also for dropping me as a client with the excuse that "they could not reach me" when after an entire year they had NO PROBLEMS with contacting me in the past via phone, email or mailing address!!! The lady attorney I spoke with today (12/15/21) arrogantly spoke to me as if I were incompetent. She also got smart, and loud saying they will not waive any fees because they couldn't contact me to reschedule the hearing. BLATANT LIE, VERY RUDE AND UNPROFESSIONAL !!! THIS IS UNACCEPTABLE!!! DON'T EVER USE ********************************************* ATTORNEY THEY WILL JEOPARDIZE AND COMPRIMISE YOUR SETTLEMENT THEN TRY TO BLAME YOU!!! HORRIBLE ATTORNEYS AND ALL OF THEM SHOULD BE DISBARRED !!!

  Business response

  12/15/2021

  Without even knowing if we represented this person we note in the resolution request you can see this complaint is not yet ripe. This person says they have not won their benefits, and IF they win then they want help. There is no fee to be paid, we have not earned anything in this case, but this person is asking for a refund? As requested in the resolution request if this person wins benefits we agree to talk with them about the fee. For anyone reading this we choose who we represent, and we invest resources in each client we represent and never get anything in return unless our clients win their benefits. We believe in the clients we represent so much that we put our money behind each case. Our attorney client agreement allows either our firm, or our clients, to exit the representation at any time. Each of our clients agrees to those terms when they hire us. Some do complain when we drop them after learning more about their case. True, we do not work for everyone, we choose who we help. That is our right, and within our agreement with every client we represent, that we decide who we help at all times. We do rarely drop clients because not everyone is entitled to disability, and we would be wasting money if we didn't adjust after learning new things about some clients. This guy says we dropped him, I have no idea if we did since I'm not talking about his case facts. From the looks of this rant we would be better off using our time and energy to help someone a little more humble and appreciative.

  Customer response

  12/16/2021

  Complaint: 16368277
  
  I am rejecting this response because:
  

  The company rescinded that I wanted a refund, which is NOT TRUE. I want they to wave all fees that I will acquire when I win the case in March. This is a perfect example of how much they are snakes and sneaky with word play. I need something from them in writing stating that "If i win my case they are NOT entitled to any compensation, because they have chosen to drop me and jeopardize my case. 
  

  
  Regards,
  
  *******************

  Business response

  12/16/2021

  All of our clients must sign the same contract for us to represent them on a disability case. If this person is our disability client they signed a contract that entitles us to a fee, even if we do work together for the entire case. The fee agreement this client signed gives us a right to collect fees for the work we did if the case is awarded benefits and a fee is paid. This client agrees he has not been awarded benefits and has not paid us any fee. Waiver of fee or refund = both the same, but different points on time line. Client is asking we waive our fee, or give up our right to a fee that he previously agreed to in writing, before client has even won his benefits. Our contract entitles us to a fee and we are not giving up that right he agreed to in writing. Nothing requires us to give up our contractual rights, just because he is asking to get out of our contract and renege on his promise we do not have to agree with him.

  IF this person ever wins benefits, and IF we are ever awarded a fee, then this matter would be ripe to talk about and client would have an opportunity to contest any fees paid at the appropriate time. Here is the regular process after any client wins their disability benefits. Clients awarded benefits will get a letter from Social Security saying what representative will be paid a fee, and how much. That letter asks client to respond within a set time to Social Security if they disagree with any fee to be paid. The normal process has a check in place for any client to see fees paid and confirm or contest the fees. After awarded benefits the client could also call us about a full or partial fee reduction if the *** awards us a part of the fee. 

  Customer response

  12/16/2021

  Complaint: 16368277
  
  I am rejecting this response because: This is just blatant GREED !!! Heard and Smith chose to drop me as a client so FAIRLY that should wave all fees !!! For the simple fact that it not only jeopardizes my case but now I have to hire a new attorney and pay them to pick up where Heard and Smith left off. Heard and Smith dropped me as a client without me even notifying me!!! I only found out because of a letter sent to me by SSA saying I needed to respond with a valid reason as to why I missed my hearing. The **** and POINT of the matter is, Heard and Smith failed to contact SSA to reschedule my hearing then decided to blame me stating they could not reach me, which was a blatant lie given the fact that for an entire YEAR Heard and Smith was able to reach me via phone, email or mailing address for any other reason !!!  I am not going to debate. If Heard and Smith chooses to not waive fess and be small ***** Attorneys with greedy bully tactics which seems to be their "Modus Operandi" given how many other clients have complained to the BBB about them, then I will simply let Karma and GOD be their judge. I will also give fair warning to anyone contemplating on using Heard and Smith by saying don't just take my word for it...read all the other BBB complaints about this firm !!! DO NOT USE THEM IF YOU WANT TO WIN YOUR CASE !!! I will definitely share this experience I've had with these greedy bullies on my ******** Page of over ****** "Davie ***************" and my Instagram Page of over ****** fans. Happy Holidays and thank you BBB for all of your assistance in this matter. 
  
  Regards,
  
  *******************

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩