I am a executrix for my late grandmothers estate. The original attorney had himself removed and I had to hire another one. The only way she ...

Question

I am a executrix for my late grandmothers estate. The original attorney had himself removed and I had to hire another one. The only way she would accept this case is if she was paid up front. It has been two years and she has not started working on it to finish. I have written letters and many calls to her office with no response. Is there anything I can do?

Answer

Why did the first attorney hae to remove himself? Was they second attorney paid in full?

Assuming that the second attorney was paid in full, then file a complaint with the Disciplinary Board (if this is a Pennsylvania attorney) or with the state bar. Most bars have fee dispute resolution committees. She should refund any fees that have not been earned.

Two years is not reasonable unless this is an unduly complicated estate. I would advise her in writing that her services are no longer needed and ask for a refund of all the fees and, if she believes that she is entitled to any portion of the fees, then demand that she provide you an itemized statement detailing what she allegedly did. If she does not provide you wi

Further, ask for a return of your file (you are entitled to it) and tell her when you will pick it up from her office. She is allowed to make a copy of the file for her records.

After you retrieve your file and if she does not return the fees or if you are not happy with her itemized statement, then file a complaint with the state bar or Disciplinary Board.