My Lawyer took my money

[jade101 0]

I am writing this email to anyone who is willing to help me. I am petitioning for my husband. He is currently in India waiting for his visa interview. My problem is that the lawyer that was working on the case doesn’t return my phone calls emails or letters. We paid this lawyer in advanced. She set a $4000.00 fee besides that we had to pay for any other filling fees immigration charged. This lawyer has very important documents that belong to us. Lot of the paperwork immigration requires need to be the original ones. She has this documents they are very hard to get again. It will take my husband a while to get an original document again. In the mid time he has been there for a little over a year. We gave her a check to pay for my husband interview. She did pay but for him to get such interview, she had to send some paperwork and she never sent them to the National Visa Center (NVC). I informed NVC that she is no longer my lawyer. They will forward any notifications to me.

The problem with all this is that it has been more than a year since he paid such fees. NVC tell me that I will have to pay them again. I also have to send all the appropriate documentation. That is what my lawyer has I have no way now of getting that.

I was told to call the Bar of Overseers. I did call they sent me some papers to file a complaint. All I want is my file. I don’t want to have to file a complaint against the lawyer. I think it will be a long process. All I want is my file so my husband can come back home with his family. How could there be lawyers like this? What are my rights? Who protects me now? How am I going to get my husband back?

Can someone help me? Please.

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[Steph1988 11]

Wow i am really sorry you having this problem can i ask why you hired a lawyer in the first place? And what do you mean you and your husband paid fees for an interview? What interview? The interview at the embassy for the visa? I am a little confused. Are you sure this was a lawyer and not a scam?

[IR5FORMUMSIE 850]

I am writing this email to anyone who is willing to help me. I am petitioning for my husband. He is currently in India waiting for his visa interview. My problem is that the lawyer that was working on the case doesn't return my phone calls emails or letters. We paid this lawyer in advanced. She set a $4000.00 fee besides that we had to pay for any other filling fees immigration charged. This lawyer has very important documents that belong to us. Lot of the paperwork immigration requires need to be the original ones. She has this documents they are very hard to get again. It will take my husband a while to get an original document again. In the mid time he has been there for a little over a year. We gave her a check to pay for my husband interview. She did pay but for him to get such interview, she had to send some paperwork and she never sent them to the National Visa Center (NVC). I informed NVC that she is no longer my lawyer. They will forward any notifications to me.

The problem with all this is that it has been more than a year since he paid such fees. NVC tell me that I will have to pay them again. I also have to send all the appropriate documentation. That is what my lawyer has I have no way now of getting that.

I was told to call the Bar of Overseers. I did call they sent me some papers to file a complaint. All I want is my file. I don't want to have to file a complaint against the lawyer. I think it will be a long process. All I want is my file so my husband can come back home with his family. How could there be lawyers like this? What are my rights? Who protects me now? How am I going to get my husband back?

Can someone help me? Please.

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This should not constitute legal advice. I would contact the lawyer's office via registered letter. Also ask for an accounting of your account and request your original documents. Call the lawyer's office and tell them that you are going to pick up the files. Does she have an office or office staff? If they give you any hassle tell them that you want your originals back. If she still gives you nonsense, tell her that you will file a complaint with the Bar of Overseers. Good Luck!!!

Wow i am really sorry you having this problem can i ask why you hired a lawyer in the first place? And what do you mean you and your husband paid fees for an interview? What interview? The interview at the embassy for the visa? I am a little confused. Are you sure this was a lawyer and not a scam?

That's what I was thinking.

[jade101 0]

This should not constitute legal advice. I would contact the lawyer's office via registered letter. Also ask for an accounting of your account and request your original documents. Call the lawyer's office and tell them that you are going to pick up the files. Does she have an office or office staff? If they give you any hassle tell them that you want your originals back. If she still gives you nonsense, tell her that you will file a complaint with the Bar of Overseers. Good Luck!!!

That's what I was thinking.

[jade101 0]

Thanks for your response. Someone recommended the lawyer to me. She did do some good things since his case was more complicated. When i say fees I mean the fee for the Visa interview. Thanks for reading my post.

[jade101 0]

I had sent her many email, many phone calls to her cell phone, I sent her certified letter. The person from the Bar of Overseers called her a few times left her messages and nothing. She doesn't seem to have more staff.

[IR5FORMUMSIE 850]

I had sent her many email, many phone calls to her cell phone, I sent her certified letter. The person from the Bar of Overseers called her a few times left her messages and nothing. She doesn't seem to have more staff.

I would try to visit her at her office. This doesn't sound good, not returning messages from the Bar of Overseers, I mean. Did you meet her at her office or was it at some other location. Is she still in practice?

[jade101 0]

I would try to visit her at her office. This doesn't sound good, not returning messages from the Bar of Overseers, I mean. Did you meet her at her office or was it at some other location. Is she still in practice?

AS FAR AS I KNOW YES SHE STILL IN PRACTICE. ORIGINALLY WE MET AT HER OFFICE. SHE HAS MOVE TO 2 DIFFERENT OFFICES AFTER THAT.

[IR5FORMUMSIE 850]

AS FAR AS I KNOW YES SHE STILL IN PRACTICE. ORIGINALLY WE MET AT HER OFFICE. SHE HAS MOVE TO 2 DIFFERENT OFFICES AFTER THAT.

That much moving is a cause for concern. Is she still in private practice or has she joined a firm? This is a bit strange, I would follow every lead, she must be somewhere with your documents. I assume that you tried her name in Google without success. If she is in trouble, there might be some record of a proceeding against her. It might have a current address.

[thongd4me 69]

The reason why THEY are the lawyers and YOU are the client is that they have all the advantages and you have NONE.

In any attorney/client agreement document, they specifically state that they do not guarantee results,

however YOU must guarantee payment to them regardless.

Since the "bar association" is supposed to police itself, your complaint will take on the characteristics

of a lawsuit, that is, develop into a prolonged process whereby you can't ever hope to get satisfaction,

let alone simple possession of your documents.

Sorry for painting a grim picture, but that fee to me seemed WAY out of line, as I am assuming

that neither you nor your fiancé broke any immigration laws or have a legal/immigration

problem that is so complex that only a lawyer can help you unravel it.

You would have been better off on your own with the assistance of your VJ friends,

the guides on the site and the wonderful moderators we have here.

Lawyers are hourly workers and even the fact that they may do ANY work is not guaranteed.

You do, however have the right to a detailed accounting by the attorney of what they actually

did and how many hours it took to do that. The retainer is only an estimate of what they

expect to charge you; you DO have a right to recover most, if not all (if she did no work) of it.

When I got divorced from my first wife, my second lawyer (I fired the first one who never

gave me any accounting of her time, even if she was much cheaper) gave me a complete

accounting of all the time she spent on my case, listing court appearances and

which forms were filled out, etc. etc. etc..

[IR5FORMUMSIE 850]

The reason why THEY are the lawyers and YOU are the client is that they have all the advantages and you have NONE.

In any attorney/client agreement document, they specifically state that they do not guarantee results,

however YOU must guarantee payment to them regardless.

Since the "bar association" is supposed to police itself, your complaint will take on the characteristics

of a lawsuit, that is, develop into a prolonged process whereby you can't ever hope to get satisfaction,

let alone simple possession of your documents.

Sorry for painting a grim picture, but that fee to me seemed WAY out of line, as I am assuming

that neither you nor your fiancé broke any immigration laws or have a legal/immigration

problem that is so complex that only a lawyer can help you unravel it.

You would have been better off on your own with the assistance of your VJ friends,

the guides on the site and the wonderful moderators we have here.

Lawyers are hourly workers and even the fact that they may do ANY work is not guaranteed.

You do, however have the right to a detailed accounting by the attorney of what they actually

did and how many hours it took to do that. The retainer is only an estimate of what they

expect to charge you; you DO have a right to recover most, if not all (if she did no work) of it.

When I got divorced from my first wife, my second lawyer (I fired the first one who never

gave me any accounting of her time, even if she was much cheaper) gave me a complete

accounting of all the time she spent on my case, listing court appearances and

which forms were filled out, etc. etc. etc..

I agree. The best advice you'll EVER get is by carefully reading what people have posted, they've lived it and the lawyers haven't.

[justashooter 430]

lemme guess, this lawyer is an indian or other extra-national immigrant themselves.

lemme guess, you did not see evidence of their liscense to practice law within your state of residence.

there are thousands of "lawyers" out there that specialise in taking money from naive immigrants, most practicing without proper liscense.

any reputable lawyer with liscense will have a secretary or legal aide that answers the phone and the door, and will not change offices.

caveat emptor (buyer beware).

[IR5FORMUMSIE 850]

lemme guess, this lawyer is an indian or other extra-national immigrant themselves.

lemme guess, you did not see evidence of their liscense to practice law within your state of residence.

there are thousands of "lawyers" out there that specialise in taking money from naive immigrants, most practicing without proper liscense.

any reputable lawyer with liscense will have a secretary or legal aide that answers the phone and the door, and will not change offices.

caveat emptor (buyer beware).

I agree. Many of these people call themselves, 'Immigration Consultants." They will promise many things but rarely deliver. I think that something is amiss when even the Bar of Overseers can't get in contact with the lawyer. You forgot to add that many of these immigrant lawyers did not attend US law schools.

[Darnell 8,479]

If I were in yer shoes, I'd show up at that lawyers office with my own krewe, one of them holding the video camera,

and get the documents back.

[katiemanny 64]

Getting an immigration lawyer from India to handle cases that has to do with US Immigration laws, that alone should give you a hint that this lawyer would not deliver, if you want an immigration attorney to handle your case, you should have consulted with one from and within the US. there's a lot of these so called Immigration Attorney in the Dominican Republic who have no clue about this process taking people's money for things they could have just read for free on VJ.

We went through this entire process as you can see, without paying a single dime to any Attorney, all just reading through the guides and advices from experienced VJ members.