Legal Question in Business Law in Massachusetts

Prosecuting or Persecuting

I am being sued by a lawyer for unpaid legal fees. The lawyer originally

offered his services for $2K (agreed to verbally) & was paid $500 upfront (the

balance to be paid upon completion.) He issued an invoice for $3.5K

(remaining balance: $3K or 2x what was agreed.) I tried several times to

discuss his fee with him; each time he became threatening & vulgar bordering

on obscene. Since filing his complaint in Boston Muni Court a number of

questionable things have happened: his complaint was missing a page & it

turns out that the missing page pertained to his seeking triple damages. He

has routinely mailed correspondence regarding the case to the WRONG

address. His attorney (he is no longer representing himself) filed a Motion to

Strike my original answer (sighting such things as: Answer was not dated

[though it was sent Certified Mail & signed for]: Answer lacked page numbers!

Most recently his lawyer has asked the court for a summary judgment against

me for not filing answers to their interrogatories � which I haven�t received

yet! Is he taking advantage of the fact that I am Pro Se? Are these normal

tactics? How do I bring these up with the Court?


Asked on 4/04/04, 8:06 pm

2 Answers from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Prosecuting or Persecuting

What you should have done long ago is file a complaint with the Board of Bar Overseers (the entity responsible for attorney discipline in MA) detailing the circumstances. I suggest that you do so immediately as it is likely to profoundly alter the handling of the case if the facts are as you describe. You also might consider contacting either the Massachusetts Bar referral service (or the one for Middlesex County) to get help.

Best wishes,

LDWG

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Answered on 4/05/04, 11:08 am

Re: Prosecuting or Persecuting

First File an Answer denying his allegations and stating you have never received an entire complaint. Second File answer to the Motion that you have not received the Interrogatorries and that they have been mailing you incomplete documents and File your own Motion for Dismissal of any counts that have not been properly served upon you including a request for triple damages because that portion of the complaint was never served upon you.

You can also request the Court to order mediation of the dispute.

As to the action of the attorney, he is a collection attorney and he deals with things as they come and this may be his technique. There is nothing in his behavior as described that would seem to violate the cannons of ethics, notwithstanding my view that it is not the best way to deal with such things.

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Answered on 4/05/04, 11:30 am


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