Please read this post i put on here for more details and how i suspected something fishy going on:
Hey guys.......turned out this guy may have truly been trying to con me. Not kidding, today we went to one of the places that he had said i owed almost $5k and they said i only owed $500 and that he never even asks them for an invoice on what was owed. So apparently he just made those numbers up. When i showed them the closing statement for proof they were in awe and shock.
Litterally the whole office told me to report him to the State Bar. They were all shocked that a lawyer would do such a thing, and said that can easily get his license revoked.
After that i went to the lawyer that refereed me to him and showed him the closing statement and told him the same thing i told you guys he almost had a heart attack. Ive never seen a grown man soooo nervous before and when i tried to ask him to explain how such a thing can happen he was just frozen and had no reply to me. He asked himself, how the heck did he get those numbers.
Throughout the whole thing he was trying to make sense of it and just couldnt. When i mentioned reporting his partner to the State Bar he became even more distraught, and said that he would fix everything himself and get down all the medical bills and stuff himself. He even asked me to make a copy of the closing statement and was really insistent about it. I said no, because i felt he had an ulterior motive.
The way i knew that his partner did something wrong is every time i brought up getting the State Bar involved or suing for Malpractice he never denied that i could and kept asking me about finding a solution instead. After awhile a dancing around the fact and trying to come up with a "solution" i said im done and that i was leaving.........OHH BOY, did he get ever so frantic. He asked me a whole bunch of stuff about what he could do for me.
Overall, the whole thing was unreal.........my lawyer was actually trying to take me for a ride, and i think that his partner was part of the conspiracy. I expected to come in there and get my assumptions shut down with lawyer talk and gibberish terms, but the guy completely broke under the pressure.
What should i do? Even if it was a mistake, isnt it still a major offense to have such fraudulent billing info on a Closing statement?
You have to decide what it is that you want to accomplish. If you want to make sure this doesn't happen to someone else, you report the conduct immediately. This may be criminally fraudulent, in which case criminal prosecution may also include restitution to you. This would also probably involve the loss of his license to practice. Unless punitive damages are allowed in a civil action, it would probably not be worthwhile suing the attorney directly. Good luck.
I am sorry to learn of this unfortunate situation . I suggest that you contact The Florida Bar disciplinary counsel and file a complaint against any attorney involved in this matter, including the referring attorney, who has full responsibility with the handling attorney, to see to it that you are treated fairly and appropriately. There is also a Client Security Fund maintained by The Florida Bar which could compensate you, if necessary, in the event you have lost money because of improper dealings by your attorneys.
The Florida Bar provides a toll-free number for the their lawyer regulation/complaints division which is 866 – 352 – 0707.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
The answer would depend on whether you are in suit or have settled your claim prior to suit. If in suit you could send a letter to the Judge and ask for a hearing in front of the Judge. By calling the Judge's secretary in a few days after sending the letter you could obtain a hearing date. You would have to send a letter to your lawyer for him to attend. The other option would be to fire your lawyer and hire a new lawyer to get to the bottom of your issues. If the lawyer has deceived you with one bill, there may be other issues of deception. Your new lawyer will explain what you will owe contractually to your recently fired lawyer. It certainly sounds like your lawyer has breached many ethical standards which he owes you and will face discipline by the Florida Bar. If you do not know a lawyer to hire you can go on line to the Florida Bar sight and they will suggest a lawyer for you.
If your settlement has occurred before filing suit then you would follow the above suggestions without seeking help from a Judge because there would not be one assigned to your case.
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