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Contractor takes money, sends draft, disappears

Active Member
Nina M Member Since: Aug 20, 2017
1 of 11
I hired a lawyer to send a notice for me. He sent me a draft and I corrected it. He sent me proof of postage (ems) but just will not send a scan of the actual notice. The first few times he said he's traveling and then he finally said it's identical to the draft so that should suffice. I said it's not and followed up a few times. No answer yet. How do I deal with this?
Community Guru
Preston H Member Since: Nov 24, 2014
2 of 11

Nina, I am not sure why you are wondering about what you should do next. You are the client. The choice is yours:

 

- You may continue to work with this freelancer.

- You may find other freelancers to help provide legal assistance.

- You may work with nobody at all

 

You have expressed dissatisfaction with the way the current freelancer works. You have no choice about that. He is who he is. His style of working with clients and following their requests is distinctive. It is NOT a good fit for every client. It works well for other clients.

 

Continue with him or not, as you prefer.

Community Guru
Tiffany S Member Since: Jan 15, 2016
3 of 11

Preston, that's gibberish in this context. You should not be giving advice so far outside your area of expertise in such an authoritative tone.

 

Nina is in a very difficult situation. From a legal perspective, she may well be required at some point to file the document that was served on the other party, along with proof of mailing. However, she does not have that document--thus, any legal claim she has against the other party associated with this notice may be impaired by the attorney's failure to comply with her request. 

 

She can't simply hire another attorney and re-serve the notice, for several reasons. 

 

Nina, this question is really outside the scope of what Upwork or anyone in these forums can assist you with. I'm assuming that you do not wish to work any further with this attorney. If that's the case and you feel that you have exhausted your options for obtaining the notice, you may want to consider letting him know that if you don't receive a copy of the notice filed, which you have paid for, by X date, you will file a complaint with the appropriate state's disciplinary commission.

 

It may also be worth noting that if in fact he served a notice that was identical to the original, although you had made corrections, he may be liable for malpractice to the degree that his failure to make those corrections impairs your rights.

Community Guru
Jennifer M Member Since: May 17, 2015
4 of 11

It's worrisome why he wouldn't just send a scanned copy. So easy to do it's almost as if he didn't do it. It would be interesting to know how this turned out.

Community Guru
Preston H Member Since: Nov 24, 2014
5 of 11

It would seem that neither the original poster nor Tiffany think very highly of the attorney hired by the original poster, or the work that he did.

Community Guru
Tiffany S Member Since: Jan 15, 2016
6 of 11

@Preston H wrote:

It would seem that neither the original poster nor Tiffany think very highly of the attorney hired by the original poster, or the work that he did.


 Accurate, assuming that OP's recitation of the facts is accurate. Unless there is something important missing from the story, the attorney could be subject to discipline by his licensing body for his refusal to provide that document.

 

Unfortunately, with legal representation it is not as simple as firing the freelancer and starting over.

 

This is one reason (of many) that I would discourage anyone from seeking or offering legal representation through Upwork.

Community Guru
Jennifer M Member Since: May 17, 2015
7 of 11

Such a shame cuz I really need one to send a threatening letter. Usually, threatening letters from an attorney is all it takes to make things happen. I thought of UPwork but too many frauds. I wonder if there is a rent-a-attorney somewhere that has attorneys that are verified.

 

I wonder if OP released escrow, cuz I wouldn't. 

Community Guru
Tiffany S Member Since: Jan 15, 2016
8 of 11

@Jennifer M wrote:

Such a shame cuz I really need one to send a threatening letter. Usually, threatening letters from an attorney is all it takes to make things happen. I thought of UPwork but too many frauds. I wonder if there is a rent-a-attorney somewhere that has attorneys that are verified.

 

I wonder if OP released escrow, cuz I wouldn't. 


 Just call your local bar association. Florida allows for unbundled legal services, so it's fairly easy to get an attorney to do a one-off. The only problem is that an attorney can't ethically say he/she is going to take further legal action if that's not actually anticipated, so to get a really strongly worded letter you'd have to at least be considering that possibility and working with an attorney who was prepared to represent you if you decided to move forward.

 

 

Community Guru
Jennifer M Member Since: May 17, 2015
9 of 11
Thanks! I will do that.
Moderator
Vladimir G Moderator Member Since: Oct 31, 2014
10 of 11

Hi Nina,

 

I'm sorry to hear about the outcome of your contract. If you can't come to an agreement with your freelancer regrading the work they agreed to deliver, please file a dispute from the Workroom and our team will guide you through the process.

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