Legal Question in Elder Law in Vermont

Where do you turn

What do you do when you engage a lawyer from another state, in this case virginia, and the following happens...The case being pursued involved a woman deemed to have dimentia/altzheimer who after being diagnosed by doctor to wit, signs a document that is a amendment to a revocable trust, stating that on the death of her husband the house will be sold... The house was subsequently sold and only half of the proceeds went to the widow, while the other 50% went to the husbands heirs. After paying the retainer of 2000.00 and not hearing anything for almost 3 months, lawyer contacts me to go over my wants...Two months later after badgering him to reply to my inquiries, i am told that he has been negligent in pursuing this case..A couple of weeks later i receive a copy of letters sent to the oposing lawyer and defendent.. The defendent held a contingent power of attorney and as guardian i wanted an accounting of all decisions and actions made by the poa.

Finally i receive a letter stating that the oposing side has not answered his request and that if i wanted to pursue this further, it would be quite expensive...Where do you turn in a case like this..All but 305. 00 remains of the retainer. One statement of supposedly 3 sent to me.


Asked on 2/25/05, 4:37 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Where do you turn

What is your question?

That you did not receive the services your believe you contracted for; or that you did not receive the results you hoped for... In either case you should ask the attorney to provide you with a detailed invoice or statement of services provided and a written explanation of the disposition of the case; and possibly a refund request.

If a detailed statement and explanation is not provided to you within a reasonable time ( say 30 days), then you may elect to have the attorney provide same to the "Virginia State Bar.

Please note, it is important that You first try to settle this matter with attorney; and obtain clarity and understanding concerning, what happened, why it happened and the applicable law, from the attorney.

Good luck,

Phroska L. McAlister,ESQ

Read more
Answered on 2/27/05, 12:50 pm


Related Questions & Answers

More Elder Law questions and answers in Vermont