A law question.

[Luther Lansfeld]

It is really early in the morning and the cogs in my head are turning, so bear with me.

So about two months ago, my dad got arrested for breaking his probation. Which he did, so no real complaints here. My parents hire a lawyer who says he will bond my dad out of jail in exchange for them paying him 3000 dollars. So they get the 3000 needed, he bonds my dad out, and all is well.

He calls about a week later, and says he wants 2000 more dollars or else he will drop the bond and all this. So the day of the hearing my parents bring him the money. Except that wasn't soon enough for him, and my dad gets arrested again. My mom gives him the money, and the guy doesn't take up his end of the bargain and now my dad sits in jail.

I asked Mom if they had a contract, she said she signed some papers but no contract. I really don't know if this is normal in law or not, but having an agreement in writing seems like a fabulous idea to me.

So my question is, what can we do? He's obviously just completely robbing us of our money and not doing anything to help us like he said he would. (And he is really abusive toward my parents and treats them like garbage even though THEY ARE PAYING HIM. What the fuck, asshole?) But there is no contract involved (apparently) so it seems like he can just gorge them for as much money as they don't have. I've been racking my brain for ideas and I'm coming up terribly short for real ideas.

[metroid composite]

Verbal agreements still qualify as contracts to the law.  Proving that you had a conversation can  be difficult, though.  Not really enough details to comment past that--I mean, what did the papers she signed say?  If they said "I agree to give you $3000 now and $2000 at a later date" then...well... >_>

[Luther Lansfeld]

Well, they paid him the 5000, regardless of if it is in contract or not. The issue is that he didn't get my father out on bond like he said he would.

[Dunefar]

I hate to say it, but it sounds like you need to talk to a lawyer.  I know, irony.

[Luther Lansfeld]

I was hoping one of the budding lawyers would have some input!

[Sierra]

I hate to say it, but it sounds like you need to talk to a lawyer.  I know, irony.

Yeah. As much as a lawyer would doubtless cost yet more money, it sounds like you're getting conned right now.

[Excal]

Yeah, definately sounds like you guys need a more reputable lawyer, and specifically, need some way to prove that you had that verbal contract.  Have you gone over exactly what is on those papers that were signed, or does this guy hold the physical copies of all of those as well?

Actually, one other thing you might want to consider.  Look into the local bar association.  Lawyer's professional groups are usually at least somewhat concerned about whether or not those who are members are also criminals, and fraud like this is a criminal act.  You may not be able to catch him on criminal charges.  But, maybe you can do a thing or two to get him disbarred, or otherwise make him very uncomfortable about his continued ability to con people with the law.  Alternatively, see about getting a local press outlet or two on your side.  Granted, your father won't be terribly sympathetic, but your mom sounds like she could make a nice sob story stick, and make for a great flavour piece on how a scummy lawyer is using his position to put the screw on simpler folk in hard times.  And that may also get some people who know what's up and actually have a shred of decency to take a look at this case.

[Mad Fnorder]

Because I'm not a lawyer, giving legal advice could potentially cripple my chances of being able to become a lawyer. I kno rite? Sorry.

[Luther Lansfeld]

Aws. Well, love you anyway!

[Luther Lansfeld]

So me and my mother are going to visit the lawyer tomorrow. I am not sure precisely how we should approach him.

[Shale]

My extremely non-lawyerly advice would involve approaching in the general direction of his kidneys.

[Bardiche]

It's dangerous to go alone. Take this.

Jokes aside, ask him what's up. The rest should come naturally. Remember that you are in the right unless he fucked with the papers in which case I'd sue him.

You can sue him in America, right?

[Lord Ephraim]

Should have hired ID.   

[Anthony Edward Stark]

At least demand copies of the papers she signed. If he refuses THAT you gotta be able to take him to court.

[Idun]

Hey Ciato, I'm shooting you a PM.

[InfinityDragon]

So my question is, what can we do? He's obviously just completely robbing us of our money and not doing anything to help us like he said he would.

First step. If they haven't done so, have your parents fire the attorney. Clients have a right to fire their attorneys at any time for any reason. Hire a new lawyer to work on your dad's jail/bond issues.

Second step. Report him to the State Supreme Court by having your parents file a complaint to the Attorney Regulation Consul, or the equivalent department, of the state the attorney is practicing in. Since he failed to perform a fairly routine procedure and deliver what was promised, you have a valid complaint against him, which can lead to the disciplinary action by the supreme court.

Assuming this has all happened in Oklahoma:

http://www.okbar.org/members/gencounsel/grievance.htm

Go there, have them fill out the form linked near the top of the page. The complaint and investigation will likely be a fairly long process, so you'll have to bear with it.

Third step. If you want to try to recover the money the first attorney took, you'll have to hire another lawyer (probably a different lawyer than the one you'll have hired to represent your dad in the criminal proceeding). I don't know enough about Oklahoma state law to say whether you have a good claim or not (people can get away with crazy shit if they know what they're doing, sadly), but an Oklahoma attorney should be able to give you a good indication after a preliminary consultation whether or not you should proceed with filing a suit.

[Luther Lansfeld]

This is in Texas courts, actually. But same difference. I can find their site! Thanks!