From: jz@zachariasenterprises.com   
      
   Hire a new lawyer. Get a written, signed retainer agreement with the new   
   lawyer and the new lawyer will contact the old one and take care of everything   
   for you. Don't take this as legal advice, as I am not an attorney.   
      
   On Thursday, August 5, 2004 12:14:48 PM UTC-7, Rhino wrote:   
   > What can you do if a lawyer has promised you that she would do something but   
   > never "gets around to it"?   
   >   
   > Several months ago, my mother decided to lend money to a family member (not   
   > me). She obtained an IOU but wondered if this was sufficient to ensure that   
   > the loan would be repaid. I suggested that we see her lawyer for advice. Mom   
   > had used this lawyer to do her will and liked the woman but hadn't really   
   > had much contact with her beyond the will, which was very simple.   
   >   
   > We made an appointment to see the lawyer in mid-December and she gave us an   
   > overview of all the things we could put in a promissory note and also sent   
   > me some boilerplate to use in constructing our own promissory note. I spent   
   > several days constructing a careful and thorough promissory note, including   
   > the terms of the loan. Then, Mom and I decided to see the lawyer again and   
   > see if what I'd constructed was all in accordance with the law. Since it was   
   > Christmas time, we ended up waiting a few weeks and finally got in to see   
   > the lawyer in mid-January.   
   >   
   > I explained what I had done to the lawyer and she didn't see any immediate   
   > problems. However, she asked for a week or two to look the document over and   
   > check out a few things, just to make sure she hadn't missed anything. We   
   > consented to that and she said she'd contact Mom when she was done, in a   
   > week or two.   
   >   
   > Well, several weeks passed and Mom still hadn't heard anything. So, she   
   > called the lawyer's office. She was told the lawyer was not in; Mom left a   
   > message asking for the lawyer to call her with a progress report. The lawyer   
   > never called back. Mom tried calling again, two or three times. Each time,   
   > the lawyer was not in and did not return the call.   
   >   
   > It's more than 6 months and we STILL haven't heard from the lawyer. We're   
   > both pretty fed up because we would really like to get this promissory note   
   > finished and signed; the IOU Mom has would likely not have much weight if it   
   > ever came to court. However, the lawyer simply won't return Mom's calls. Mom   
   > doesn't drive and the lawyer is a good distance away from her so she doesn't   
   > want to take a bus over there to try to see the lawyer in person since the   
   > lawyer could easily be out when she arrives, causing a wasted trip. I don't   
   > live in the same town so it is not awfully convenient for me to drop in on   
   > the lawyer either.   
   >   
   > We're at the point where we're ready to write off this lawyer and try   
   > another. However, we feel we're almost done the process now and don't   
   > particularly want to start over again with a different lawyer. Besides, Mom   
   > doesn't want to go to a second lawyer, pay him, only to get a bill from the   
   > first lawyer for the services she has already given us, which are two   
   > meetings of about a half hour each plus whatever amount of time she says she   
   > spent reviewing our promissory note. Having to pay for the same service   
   > twice just because the first lawyer wouldn't get the job done in a timely   
   > manner is not a very attractive prospect especially with the rates these   
   > jokers charge.   
   >   
   > Does anyone have any suggestions on how we can get Mom's lawyer to finish   
   > reviewing the promissory note and bring this process to an end? The only   
   > thing I can think of is for Mom to call the lawyer's office and ask for the   
   > lawyer again; if she gets another song and dance about the lawyer not being   
   > in, she can say that she's been getting that same stall for 6 months; then   
   > she should insist on the lawyer finishing the work or send a bill   
   > (immediately) for what we owe her and move on to another lawyer. That   
   > approach is a bit belligerent for Mom's taste though - she's fairly "old   
   > school" that way - so she is not wild about this idea.   
   >   
   > Is there any other way to get the lawyer to finish the job short of   
   > threatening legal action against her, which we really don't see doing? For   
   > example, would it be appropriate to contact the Law Society of Upper Canada   
   > and see if they could give the lawyer a nudge? Or should we tell Mom's   
   > lawyer that we will contact the Law Society if we don't get some   
   > satisfaction soon?   
   >   
   > Also, if we don't get this settled soon and go to another lawyer, do we have   
   > any grounds to refuse to pay Mom's lawyer since she hasn't completed the job   
   > in a timely manner? I'm guessing we'd still be on the hook for the work she   
   > did, even if it wasn't finished, but I could be wrong....   
   >   
   >   
   >   
   > --   
   > Henry Reardon   
   > ---   
   > Henry_Reardon AT hotmail DOT com   
      
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