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On August 5th I retained an attorney to clear up a title issue and to
prepare a "will package" (standard will, property POA, living will, medical
POA). I was asked for and paid, on August 5th, the full estimated fee up
front. I knew that the title matter might take a little time, but it seems
to me that wills and POAs are mainly "boiler plate" that can be pulled from
existing word processing files, and that a week or two should be sufficient.
I heard nothing for more than a month. Finally, last week I called the
attorney's office and spoke to his assistant. I asked how the work was going
and expressed concern that the will package was not yet complete. He, the
assistant, allowed as how the office was a little behind in their work due
to the two hurricanes that passed through Central Florida. (Both hurricanes
were on weekends and no one lost more than two or three days of work.) I
made the call early last week. He said he would check into it and call me
back. I called him back on Friday and asked why he hadn't called. He replied
that he couldn't get me. I asked if he had left me voice mail and he said
no. I allowed as how that if no work had been done on the matter, since they
were so busy, perhaps it would be better for them to send me back the
retainer and I would find a law office that was not quite so busy. He said
that he would call me back today, but I really don't expect him to.
When I hire a contractor to accomplish a repair or renovation on my house, I
would never think of giving him the full fee up front - I would be afraid I
wouldn't see him for months. Why should we treat lawyers differently?
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James Thomas wrote:
To begin with, I am not a lawyer, nor have I ever lived in
Florida. However, as the poster is asking whether the
lawyer's actions are "reasonable", rather than whether they
are "legal", I beg the right to respond.
On August 5th I retained an attorney to clear up a title issue and to
prepare a "will package" (standard will, property POA, living will, medical
POA). I was asked for and paid, on August 5th, the full estimated fee up
front. I knew that the title matter might take a little time, but it seems
to me that wills and POAs are mainly "boiler plate" that can be pulled from
existing word processing files, and that a week or two should be sufficient.
MAINLY "boiler plate", but not entirely. The attorney has the duty
to determine whether the standard will meets your needs.
I heard nothing for more than a month. Finally, last week I called the
attorney's office and spoke to his assistant. I asked how the work was going
and expressed concern that the will package was not yet complete. He, the
assistant, allowed as how the office was a little behind in their work due
to the two hurricanes that passed through Central Florida. (Both hurricanes
were on weekends and no one lost more than two or three days of work.)
Point of fact. My sister's power was out for 5 days after Charlie.
Furthermore, are you implying that lawyers don't work on weekends?
The office may be closed, but lawyers often work on weekends.
I think you're being unreasonable.
--
This account is subject to a persistent MS Blaster and SWEN attack.
I think I've got the problem resolved, but, if you E-mail me
and it bounces, a second try might work.
However, please reply in newsgroup.
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When I hire a contractor to accomplish a repair or renovation on my house,
I
would never think of giving him the full fee up front - I would be afraid
I
wouldn't see him for months. Why should we treat lawyers differently?
When contractors get things all messed up and fail to finish on time and do
not communicate and answer calls, I worry about whether the work they are
being paid to do will be up to standard. In your case you might want to have
a close look at the provisions in the will if and when you get it.
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I think you're being unreasonable.
What IS a reasonable time to complete a well package?
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In article <tidsk01kq1j0aur5gb5s2guakuroq7h2er@4ax.com>,
James Thomas <jthomas4@cfl.rr.com> wrote:
What IS a reasonable time to complete a well package?
That's a question you SHOULD have asked the lawyer _before_ engaging him. :)
The answer depends _tremendously_ on the nature and mix of the practice of
retained counsel.
If they have _any_ 'trial' practice, a judges ruling on a _single_ point
can utterly bollix a planned work-schedule. When you've got 5 days till
the next hearing, an 10 days worth of work to do *just* for that hearing,
anything 'less time-critical' gets put off.
Preparing a will package is _not_ a 'time-critical' task, unless there were
considerations you failed to mention in your original description. *IF*
there were such considerations, were they conveyed to counsel in a timely
manner?
Assuming 'routine' treatment, I wouldn't even be _beginning_ to wonder about
things until at least 30 days. At which point I'd simply be calling to find
out if they had an =estimate= of when it *would* be ready. Not "why isn't it
ready yet?", but "how much longer do you expect it to take?" *BIG* difference.
(an additional 2-3 weeks would _not_ raise my eyebrows; an additional month
or more, and I would likely be asking 'why so long?')
Add in two hurricanes coming through. and I can _easily_ understand an
additional 2-3 weeks. Several kinds of 'disruption' to the normal office
practice -- ranging from utilities out, to staff being 'out unexpectedly' (to
'storm-proof' their homes) or being in an 'mandatory evacuation' area, to
having a rush of "urgent business" arising from storm impact. "Stuff happens"
in those kind of storms, where it is critical to do some of the initial work
_immediately_ -- like making sure things get _documented_ before somebody
comes along and 'tidies up'. Things like that _do_ take precedence over
'routine' work, like drawing up wills.
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