Take the Money and Run

An attorney’s main goal should be to have the case dismissed by some technical error or mistake in the accusatory party’s procedures. The lawyer must try everything in his or her power to obtain a complete dismissal or a “not guilty” ruling by the judge or the jury.

My attorney did not try to resolve the case without going to trial. Unbeknownst to me, she kept on putting in motions to continue citing that the defense was not ready. She did not question all the different inconsistencies. She did not try to have any of the evidence suppressed. She did not try to have the second’s victim’s case dismissed. The 1st victim said that the assailant was wearing a blue and white bandana. The 2nd victim said the bandana was black. There were inconsistencies in the police report.  While she did do decent depositions(of which I was additionally charged). She did not follow up on the information she obtained. It was after the fiasco at the pre-trial conference that I asked her to send me everything that the prosecutor sent her. She emailed me everything that the prosecutor sent her, including but not limited to the depositions, interviews, police reports, video confessions, 911 call and mistakenly she sent me a crime line that discussed a similar robbery 2 hours earlier in the same area. The crime line did not match my son’s description. I could not understand why she did not follow through. I guess she thought that I wasn’t going to read all of the attachments that she forwarded to me. She was wrong.  I read every last word of every document. I printed and kept every document and every email for 3 years. I could almost recite everything my heart. I honestly believe that she did not read what she emailed me. I rather to believe that than to think that she was just interested in the money.

Some say that  maybe she was hoping that I would be unable to keep up with the payments. If I was not able to maintain our payment agreement then our contract would become void and she would no longer represent my son. In essence, she would have received money for doing nothing. I guess that she was surprised when I paid all monies that she required. It should also be noted that we later agreed that I could deposit the money directly into her account. I did not know that I should have been given an account of the money paid to her. I received no type of accounting. I kept my own account especially since the most of the money was transferred from my account into hers . I really hate to think that she did not care about my son’s life. I really hate to think that it was all about the money. I guess I should have sought someone’s opinion but I didn’t

The contract stated that if at any time the client  violates the terms of this contractual agreement monetarily or otherwise or creates a hostile relationship as defined by the attorneys, then the Attorney-Client relationship shall TERMINATE IMMEDIATELY. I never missed a payment. This was my son’s life and I was trying to save his life.

Another thought is that she was working with the prosecutor to ensure that my son passed his 21st birthday. Otherwise, why wouldn’t and do a speedy trial. Even now I am confused as to her motives. I only know that it should have ended with her. Instead, she made the prosecutor to become vindictive…You will not believe what happened next.. 

Below is part of the agreement I signed. She listed each payment and the promised date. She was ready to take the money and run….. 

IN CONSIDERATION of the services rendered by said attorneys, the client hereby agrees to pay the sum of $15000.00 as a retainer and NON-REFUNDABLE minimum attorney fee.  This attorney fee shall be considered EARNED UPON RECEIPT.  

  $   4000.00 will be paid on or before August 3, 2011

  $   1000.00 will be paid on or before August 5, 2011

  $   200.00 will be paid on or before August 19, 2011

  $   200.00 will be paid on or before September 2, 2011

  $   200.00 will be paid on or before September 16, 2011

  $   200.00 will be paid on or before September 30, 2011

  $   200.00 will be paid on or before October 14, 2011

  $   200.00 will be paid on or before October 28, 2011

  $   200.00 will be paid on or before November 11, 2011

  $   200.00 will be paid on or before November 25, 2011

  $   200.00 will be paid on or before December 9, 2011

  $   200.00 will be paid on or before December 23, 2011

  $   200.00 will be paid on or before January 6, 2012

  $   200.00 will be paid on or before January 20, 2012

  $   200.00 will be paid on or before February 3, 2012

  $   200.00 will be paid on or before February 17, 2012

  $   200.00 will be paid on or before March 2, 2012

  $   200.00 will be paid on or before March 16, 2012

  $   200.00 will be paid on or before March 30, 2012

$   200.00 will be paid on or before April 13, 2012

  $   200.00 will be paid on or before April 27, 2012

  $   200.00 will be paid on or before May 11, 2012

  $   200.00 will be paid on or before May 25, 2012

  $   200.00 will be paid on or before June 8, 2012

  $   200.00 will be paid on or before June 22, 2012

  $   200.00 will be paid on or before July 6, 2012

  $   200.00 will be paid on or before July 20, 2012

  $   200.00 will be paid on or before August 3, 2012

  $   200.00 will be paid on or before August 17, 2012

  $   200.00 will be paid on or before August 31, 2012

  $   200.00 will be paid on or before September 14, 2012

  $   200.00 will be paid on or before September 28, 2012

  $   200.00 will be paid on or before November 18, 2011

  $   200.00 will be paid on or before November 25, 2011

  $   200.00 will be paid on or before December 2, 2011

  $   200.00 will be paid on or before December 9, 2011

  $   200.00 will be paid on or before December 16, 2011

  $   200.00 will be paid on or before December 23, 2011

  $   200.00 will be paid on or before December 30, 2011

  $   200.00 will be paid on or before October 12, 2012

  $   200.00 will be paid on or before October 26, 2012

  $   200.00 will be paid on or before November 9, 2012

  $   200.00 will be paid on or before November 23, 2012

  $   200.00 will be paid on or before December 7, 2012

  $   200.00 will be paid on or before December 21, 2012

  $   200.00 will be paid on or before January 4, 2013

  $   200.00 will be paid on or before January 18, 2013

  $   200.00 will be paid on or before February 1, 2013

  $   200.00 will be paid on or before February 15, 2013

  $   200.00 will be paid on or before March 1, 2013

  $   200.00 will be paid on or before March 15, 2013

  $   200.00 will be paid on or before March 29, 2013                               

 

  1. Should this matter proceed to trial, an additional TRIAL PREPARATION FEE in the

amount of $3750.00 will be due at 15 days prior to Trial.  If the trial preparation fee is not received within the above-specified time period, then the ATTORNEY-CLIENT relationship shall be terminated prior to Trial.  The Trial Preparation fee addresses not only the Trial, but also the time allotted by the attorneys to prepare for Trial and is earned upon receipt and NON-REFUNDABLE.  Should the client opt not to proceed to Trial after the Trial Preparation Fee has been paid, this fee will not be refunded.

 

  1. If ANY of these payments are LATE (i.e.: not received by our office on or before the aforementioned, agreed-upon dates), a $15 LATE CHARGE will be assessed for EACH day

until payment is received.  However, if payment is not received within 10 calendar days (which

includes weekend) of the date due, then the attorneys will file a Motion to Withdraw. All

payments should be made via money order, certified check, or cashier’s check.  Our office

will not accept any personal or business checks under any circumstance.  Should the client desire to pay using a debit/credit card, client will complete an authorization form and agrees to a processing fee of 2.95%.

                                                                    

  1. The client agrees to pay the necessary costs upon receipt of a request from the attorney.  These costs include but shall not be limited to court costs, computer research time, research costs, deposition costs, long distance phone calls, xeroxing, investigators, witness fees, expert witnesses, court reporter expenses, travel expenses outside Orange County, and all other expenses the attorneys consider reasonably necessary for proper defense in this action.

 

6. The client acknowledges that attorneys’ compensation is based upon, among other factors,the time and labor involved, novelty or difficulty of questions presented, time limitations imposed by this representation and the reputation, experience and ability of attorneys in performing this type of service.

Additionally, if at any time the client  violates the terms of this contractual agreement monetarily or otherwise or creates a hostile relationship as defined by the attorneys, then the Attorney-Client relationship shall TERMINATE IMMEDIATELY.

There’s more to the contract but I wanted you to see the gist of it.


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