Legal Question in Consumer Law in Illinois

refusing apyment due to incompetence

I paid my attorney $2500 for a controlled substance case.We had discussed $3000-$3500 ''depending''.Nothing was signed.I had 7 continuances.Last court date my attorney proposed I take 410 probation.I asked how it would effect my immigration status as I am an alien.He wasn't sure and would consult with an immigration lawyer friend.No word for 4 wks; during which I consulted with an immigration lawyer who said 410 would mean deportation.I asked my attorney what he found out he said ''it shouldn't be a problem''.I looked online and called to get his e-mail to send a link which talks of how serious a 410 probation is for me.No email! I don't want this him to represent me now as: 1 He hasn't called to discuss the case even with the 410 option and it's dire effects.I could document this with my cell phone bill.2 He has done zero research on the case.3 He was going let me take 410 even though I asked if 410 would effect my immigrat. status.4 The police report is fabricated and he hasn't really tried think of bring that to light, instead said ''who are they going to believe''. My question is ''Can I fire him and refuse the final payment and how should I best prepare and handle this with.Thank you.


Asked on 3/23/04, 4:19 am

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: refusing apyment due to incompetence

You can fire your attorney at any time for any reason, or even no reason. Find someone else, and have him transfer your file to the new attorney. You would only be obligated to pay him what he has earned. In fact, if he hasn't put in $2500 worth of work on your case, you would be entitled to a refund of what you've already paid. He is required to itemize any work he has done if he wants to keep any of your money.

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Answered on 3/23/04, 9:00 am


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