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Paid Attorney $800 For A Evaluation, Only To Tell Me It's A Conflict Of Interest

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Location: MS

Previous attorney missed a deadline, looking for a new attorney to do a motion to reconsider.

(1) I spoke with him by phone for ~15 minutes, explained the situation, the judge, opposing counsel, and the evidence I had. He said, “If you have the evidence you say you have and I see it, I’ll obviously do the reconsideration.” He asked me to come in for a consultation and never mentioned a fee.

(2) He's 15 mins late, talks about his hospital visit last night for 15 mins. After discussing the case for 15 mins, now he just tells me the judge doesn't care. Then suddenly said I had to pay $400 for the consultation and another $400 for him to review the docket. Taken back by his sudden change in demeanor, but I agree.

(3) His office initially said cards were accepted with a 3.5% fee, but he then said checks only. He had me sign a short agreement stating I owed $400 for the consultation and $400 for the review. He followed me to my car to get a $800 check. He then followed me out of the parking lot for 1/2 a mile and I saw him pull into a bank.

(4) That afternoon he sends a email littered with grammar and spelling errors:
(a) One sentence “I’m in the opinion that you missed the deadline” (you should know if the deadline is past)
(b) One sentence “Your reconsideration will not go any where.” (doesn't explain why)
(c) Long paragraph about Opposing attorney was a good friend of his and he wouldn’t go against him.

Seems like this guy was never going to take the case, he just wanted to get easy money. Doesn't seem like he did much research, if any, since he couldn't answer basic questions (did I miss deadline or why the reconsideration will fail). Seems like he's done this before, that's why he wanted a check and not card (easily disputed) and asked to sign a form.

Is there any way to recover the $800? Should I contact the state bar, dispute the check, or take another approach?

submitted by /u/chriswortham
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