Legal Question in Legal Malpractice in Maryland
Charged $5000 but case dropped
If a person goes to a lawyer and they
have majority of the info. needed to
start a case against another party for
criminal acts and the lawyer agrees
to take the case but after months of
doing minimal work (such as making
calls and little investigation from the
info. given to them by the client)
decides to drop the case because
they realize that they are not a
criminal attorney. But in the
meantime the client is out of $5000
that was charged by the attorney
working on the case. Was this legal
for the attorney to take money from
a client knowing in the first place
that they were not capable of this
type of case?
1 Answer from Attorneys
Re: Charged $5000 but case dropped
The answer to your question depends on the nature of the agreement you made to retain the services of the attorney. First of all, if you wanted to bring criminal charges against someone, you would go to the prosecutor (state's attorney) in your county, or the county where the act took place, not to a private attorney. If you went to this attorney for the purpose of instituting a civil suit for damages you sustained from this third party, then he/she would have either taken the case on one of two bases. If it was on a contingency fee, this means you would only owe a fee if you got a recovery. But if you agreed to pay a fee for services performed based upon time spent by the attorney, then the attorney would probably be entitled to compensation for any investigative time spent to see if you had a valid case. All of that should have been discussed at the outset, and should be spelled out in a written fee agreement.
All that being said, you could file a complaint with the Attorney Grievance Commission if you feel the attorney misrepresented his/her qualifications to handle the case, or didn't perform the services expected, or with a fee arbitration committee of the bar association in your county. Either of these organizations will investigate the matter at no expense to you.