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NaoSky
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Default Mar 07, 2021 at 07:21 AM
  #1
What if... you hire an attorney while manic, the attorney finds out early on that you have bipolar and you were in a mental hospital, continues to represent you and asks for more money for the retainer. You sign a contract that does not say anything about billing. He never mentions that he bills for phone calls or email. You never meet him face to face. You cancel his services during the depression. You email him dozens of times for a refund but he never responds. You have to text his wife to get a response. He makes up excuses about his email being set up wrong and getting a new billing system and will email in a few days with info on the refund. He does and the bill has nickel and dimed me, 200 here 300 there.... and out of a 3,000 retainer I am supposed to get back 165! The only thing he did was file initial paperwork.... totalling about 500.... we never went to court or met in person... everything else was email and phone calls. Is this right? Is there any way we can get legal help when we do things in a manic state? Or are we just screwed?

I told him he took advantage of me and asked him if he could lower the bill. He responded first with all of the reasons why he was being fair, but when I told him the contract did not specify charging me for email and he did not say he would verbally either.... well he hasn’t responded....

Any advice on what I could do? I think if people know we have a mental illness they shouldn’t be so quick to take our money. I really feel like he did.
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Default Mar 07, 2021 at 07:32 AM
  #2
I think you would have to prove you were not competent and prove they knew this. I think the lawyer would have to show what services he completed. I can tell you this, it does not take long for legal services to add up. My brother has a family attorney from his divorce. Talk about expensive.
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Default Mar 07, 2021 at 07:36 AM
  #3
If the contract did not mention charges for certain services/time, then I would think you have a legal basis for more refund, but I can't say for sure because I'm not qualified to. You may need some legal help in getting him to return more, if it is due to you. Or take him to small claims court? In any case, I do not think mania (claiming temporary insanity) is going to work well for you. Sad, but true. Even in very severe cases (murder during psychosis) it doesn't seem to help as much as it should. I think society believes that taming your mental illness is necessary. If it's not tamed, we are often out of luck.

It sounds like the lawyer was some acquaintance/friend or friend/acquaintance of a someone you know? If so, then they aren't such a good friend/acquaintance after all. Again, a sad fact that happens to most at some points in life. We have to hope for honesty and/or mercy/kindness, in some cases. Sometimes there is.

A lot of dishonest people rely on a victim's inability or lack of motivation to fight injustices. My husband and I have left plenty go, for those reasons. Once my husband did win money back in small claims court. Anyone might be able to. My husband having a JD in Law (albeit from another country) helped him. That power isn't something everyone has.
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Default Mar 07, 2021 at 07:42 AM
  #4
Quote:
Originally Posted by Soupe du jour View Post
If the contract did not mention charges for certain services/time, then I would think you have a legal basis for more refund, but I can't say for sure because I'm not qualified to. You may need some legal help in getting him to return more, if it is due to you. Or take him to small claims court? In any case, I do not think mania (claiming temporary insanity) is going to work well for you. Sad, but true. Even in very severe cases (murder during psychosis) it doesn't seem to help as much as it should. I think society believes that taming your mental illness is necessary. If it's not tamed, we are often out of luck.

It sounds like the lawyer was some acquaintance/friend or friend/acquaintance of a someone you know? If so, then they aren't such a good friend/acquaintance after all. Again, a sad fact that happens to most at some points in life.
Yes it’s very sad about mental illness and with bipolar it’s really not easy to tame even with people on meds. For me it was my first time so I didn’t believe I had it, which was way worse.

His wife is one of my cousin’s friends. I’ve spoken to my cousin and she is in shock and thinks he’s overcharging me too. She said she will get involved if she needs to. She has a brother with bipolar so she knows it very well.

Thank you for responding!
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Default Mar 07, 2021 at 07:45 AM
  #5
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Originally Posted by NaoSky View Post
Yes it’s very sad about mental illness and with bipolar it’s really not easy to tame even with people on meds. For me it was my first time so I didn’t believe I had it, which was way worse.

His wife is one of my cousin’s friends. I’ve spoken to my cousin and she is in shock and thinks he’s overcharging me too. She said she will get involved if she needs to. She has a brother with bipolar so she knows it very well.

Thank you for responding!

That's nice if your cousin advocates for you. I hope she can make some positive difference for you.
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Default Mar 07, 2021 at 10:53 AM
  #6
Having worked with many lawyers, what you experienced is the norm, MI or no MI. Hourly fee is never in the contract and they charge you for every second they work on your case - emails, phone calls, reading, writing, talking to others,etc. Unfortunately, this is the norm and accepted practice.
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Default Mar 07, 2021 at 10:58 AM
  #7
Do you qualify for legal aid? They and an honorable lawyer changed my life by getting me private disability benefits. I'll be forever grateful to them.
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