Legal Question in Business Law in Kentucky

Default of payment for services rendered

We currently did some networking and file transfer work for a local law firm. We initially told them it would take 3 hours to network if the equipment that they had bought was up to standard, which was not. We told them that it was going to take longer to do the job because of their inadequate equipment. After the networking was done, they wanted us to set up their new computer equipment, do file transfers, and show them how to use their new equipment that was not purchased from us. This also added time. The total time came to 12 hours. The law firm has now decided that he will not pay us for our services. He only wanted to pay us for the initial 3 hours. He has no paperwork stating that it would only take 3 hours, nor do we. Everything was done word-of-mouth. We took him to small claims, but he decided he wants a jury trial. We cannot find a lawyer to represent us in our area because this lawyer is a district mediator and other lawyers feel it would damage them if they represented us. The amount he owes us is under $1000.00, but if we have to continue with this absurd jury trial we will be requesting more. You see I am 9 months pregnant and the stress of this situation is taking its toll. What are your suggestions?


Asked on 4/08/00, 12:02 pm

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Default of payment for services rendered

This kind of conduct gives lawyers a bad name. File a complaint with the Bar disciplinary authorities, invoking Rule 8.4(d) -- clearly, this lawyer is attempting to defeat your claim by using a procedural impediment to his advantage, and that is, in my view, engaging "in conduct that is prejudicial to the administration of justice."

You should make the complaint WITHOUT in any way threatening to do so. If you make such a threat, you could be violating your state's civil extortion law, and that would give this lawyer a great counterclaim that could not only overwhelm your claim but also make your life miserable for years. Meanwhile, you might want to withdraw your small claims case "Without Prejudice" (i.e., you can bring it again later) to give the Bar time to investigate.

Finally, if you want me to post your situation on the ABA Solo Practitioners network, you might find that a KY lawyer would be willing to help out. I wish I could do more, but I'm in MA.

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Answered on 4/24/00, 8:24 am


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