Legal Question in Civil Litigation in Missouri

Two years ago (last week) I asked a question on this site and was pleased to receive a very helpful answer from the M. Scott Montgomery law firm. Unfortunately after two years I now have another question relating to this same problem ! After being unable to negotiate a settlement, I was forced to file a partition suit and THE DAY before trial, the other party agreed to a

settlement ! Without my consent, my attorney had the settlement check sent to him and after he deducted many thousands

of dollars, sent me a check that is nowhere close to the settlement agreement. I have called and left many messages asking

him to call me but he has not called. He sent a "slip" statement of charges of which I have many questions, and some charges that I consider absolutely incorrect ! Can you please advise me what to do ? Plus, one more quick question (!) : without my

knowledge, two or three days before the scheduled trial date, he sent checks to some of the witnesses to appear at the trial.

Since the trial was cancelled due to the other party finally agreeing to a settlement, why should I have to pay for these witnesses to do nothing? Yes, I have suffered the loss of many brain cells from dealing with this for two years, so I will

very much appreciate an answer at your earliest convenience before I lose any more cells ! (trying to keep my sense of humor!)


Asked on 1/13/14, 1:33 pm

1 Answer from Attorneys

Anthony Smith LawSmith

The Missouri Bar association has a fee dispute program. The attorney was not supposed to pay himself until you agreed to the settlement. Contact the Bar in Jefferson City, and schedule a fee dispute hearing.

Good luck

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Answered on 1/13/14, 2:27 pm


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