Lawyer Overcharging Legal Case

Summary

The unsigned reworded cost agreement may not be legally binding, and the lawyers failure to provide an itemized bill is against regulation. If proven, the lawyers intent to deceive constitutes professional misconduct. The removal of clauses may indicate an attempt to deceive, which is unlawful. In Victoria, a modified cost agreement should be signed by both parties to be legally binding. Attempting to deceive a client, not providing an itemized bill upon request, and altering a cost agreement without proper consent are all actions against the law. If the amount involved exceeds the Legal Services Commissioners limit, you could consider proceeding to the Victorian Civil and Administrative Tribunal (VCAT) or the Supreme Court of Victoria. Lawyers do not have specific mandatory reporting requirements for suicidal intentions but have a duty of care.

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We are suing our lawyer. She has overcharged my dad hundreds of thoudsands of dollars. The previous lawyer has overcharged my father. There is an original cost agreement containing *% additional interest, whereas I have found a reworded cost agreement that contains *% additional interest. The reworded cost agreement contains no signature, and contains the removal of clauses such as disputes, estimations, and scale of costs. This reworded agreement was provided to me upon my request of the file, the itemised bill which was not provided, and the retainer. The lawyer had made comments that my request was inflammatory. Shes withheld the signature, and has potential to fradulently put this forth with the reworded agreeement and not the original. How may this evidence impact our case?
In Victoria, the following points can be considered:
- If a cost agreement is significantly varied, it must be signed.
- The Legal Services Commissioner can resolve cost disputes.
- Failure to provide an itemised bill upon request can lead to disciplinary action.
- Attempting to deceive a client is illegal.
This evidence could potentially strengthen your case.
How could this strengthen the case?
This evidence could strengthen your case in these ways:
- The unsigned reworded cost agreement may not be legally binding.
- The lawyer's failure to provide an itemised bill is against regulation.
- If proven, the lawyer's intent to deceive constitutes professional misconduct.
The removal of clauses? How does that strenghten the case
The removal of clauses can strengthen your case because:
- It may indicate an attempt to deceive which is unlawful.
- Removed clauses such as disputes and estimations might show the lawyer didn't properly inform your father about potential costs, which is a breach of duty.
wouldnt this be an attempt to remove our rights?
Yes, the removal of certain clauses could be seen as an attempt to limit your rights. However, it's key to remember that in Victoria, a modified cost agreement should be signed by both parties to be legally binding.
Is this against the law?
Yes, attempting to deceive a client, not providing an itemised bill upon request, and altering a cost agreement without proper consent are all actions against the law in Victoria. You may want to consider reporting this to the Legal Services Commissioner.
The amount involved in the case exceeds outside the Commissioners jurisdiction.
If the amount involved exceeds the Legal Services Commissioner's limit, you could consider proceeding to the Victorian Civil and Administrative Tribunal (VCAT) or the Supreme Court of Victoria. It's important to consult with a new lawyer to discuss the best course of action.
What is VCATS jurisdiction regardling the ammoutn at question of $*,*
In Victoria, VCAT generally handles claims up to $*,*. For your amount of $*,*, you would likely need to proceed in the Supreme Court of Victoria. It's advisable to consult with a new lawyer to confirm.
I have engeged a cost lawyer
That's great, ****. A cost lawyer will be able to guide you effectively in this matter. They will provide advice tailored to your specific situation and ensure you understand the potential avenues for resolution in your case.
If a statement of suicide is made to a lawyer, do they not have mandatory reporting requirements to make as a part of their duty of care?
In Victoria, lawyers don't have a specific legal obligation to report if a client discloses suicidal intentions. However, they have a general duty of care towards clients. It's recommended they encourage the person to seek professional help.
In victoria, if a client vocalises a will for a suicide attempt, do lawyers not have mandatory reporting responsibilities to report such an instance as apart of their duty of care
In Victoria, there isn't a specific legal requirement for lawyers to report if a client expresses suicidal intentions. However, they have a professional responsibility to ensure the wellbeing of their client and should encourage them to seek immediate professional help from mental health services.
Who obtains the mandatory reporting requirements
In Victoria, mandatory reporting requirements primarily apply to certain professions dealing with children, such as teachers, nurses, doctors, and police. Lawyers do not have specific mandatory reporting requirements for suicidal intentions, but they have a duty of care towards their clients.
How is this vocalization of a suicide attempt made by the lawyers client relevant in our case
The vocalization of a suicide attempt could be relevant if it indicates the lawyer failed to fulfil their general duty of care towards their client. However, this aspect would likely be considered separately from your main case regarding overcharging and potential deception.
What are the potential consequences for the lawyer if the court finds the reworded cost agreement to be fraudulent?
If the court finds the reworded cost agreement to be fraudulent, potential consequences for the lawyer in Victoria could include:
- Disciplinary action by the Victorian Legal Services Board
- Professional misconduct charges
- Financial penalties
- Potential damages awarded to the client
- Reputation damage, which could impact future business.
Does it strengthen our case
Yes, if the court finds the reworded cost agreement to be fraudulent, it could significantly strengthen your case. It would indicate professional misconduct, and could lead to disciplinary action, penalties for the lawyer, and potential damages awarded to you.
How would be be able to prove fraudulent?
To prove fraud in your case, you may need to:
- Show inconsistency between original and reworded agreements.
- Provide evidence that the lawyer intended to defraud.
- Demonstrate that the changes caused a financial loss.
- Show that the lawyer failed in their duty of care.
Engage a legal expert to guide you through this process.
What is defruad
Defraud generally refers to the act of deceiving someone with the intent of gaining from the deception, usually financially. It involves deliberate practices or activities done in bad faith to deprive someone of their rights, property, or money.
What is causation?
Causation in legal terms refers to the relationship between an action and its effect. It's about proving that a particular action directly resulted in certain consequences or damages. It's a key element in many legal cases, including fraud, to establish liability.