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Retained and paid an attorney in 2011 to handle estates of my parents. Work was not complete and attorney has passed away.

Gastonia, NC |
Filed under: Estate planning

Attorney did not respond to calls and e-mails (except a couple of e-mails to say he had family issues and would have something for us "at a date in the near future". I filed a Fee Dispute in 2013 with the NC State Bar to which he did not respond and a subsequent Grievance was filed. He finally responded after I filed a complaint with the BBB and opened the estates in October 2013, days before he suffered a stroke. He passed away in December 2013. The State Bar's Disciplinary Hearing Commission had the attorney scheduled for a hearing when he passed away. Now I am being told to pick up my file and retain another attorney. I've already paid this attorney over $5,000 and am not in a financial position to hire another one. Do I have any options?

Attorney Answers 2


Speak to the Bar about the client fund. It is a fund for clients who are left in a bad situation by their attorney and can assist in fixing the damage.

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As Mr. Love has suggested, the NC State Bar will have information on filing a claim against the Client Security Fund. They also may know who took over the attorney's practice. Good luck to you!

I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a formal retainer agreement, you are not my client, and my discussion of issues does not constitute legal advice. Opinions expressed herein are those of the author, and do not necessarily represent the opinions of those who hold other opinions.

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