Need Advice About Lawyer Not Finishing Job???
Q: What can you do if a lawyer has promised you that she would do something but never "gets around to it"? Several months ago, my mother decided to lend money to a family member (not me). She obtained an IOU but wondered if this was sufficient to ensure that the loan would be repaid. I suggested that we see her lawyer for advice. Mom had used this lawyer to do her will and liked the woman but hadn't really had much contact with her beyond the will, which was very simple. We made an appointment to see the lawyer in mid-December and she gave us an overview of all the things we could put in a promissory note and also sent me some boilerplate to use in constructing our own promissory note. I spent several days constructing a careful and thorough promissory note, including the terms of the loan. Then, Mom and I decided to see the lawyer again and see if what I'd constructed was all in accordance with the law. Since it was Christmas time, we ended up waiting a few weeks and finally got in to see the lawyer in mid-January. I explained what I had done to the lawyer and she didn't see any immediate problems. However, she asked for a week or two to look the document over and check out a few things, just to make sure she hadn't missed anything. We consented to that and she said she'd contact Mom when she was done, in a week or two. Well, several weeks passed and Mom still hadn't heard anything. So, she called the lawyer's office. She was told the lawyer was not in; Mom left a message asking for the lawyer to call her with a progress report. The lawyer never called back. Mom tried calling again, two or three times. Each time, the lawyer was not in and did not return the call. It's more than 6 months and we STILL haven't heard from the lawyer. We're both pretty fed up because we would really like to get this promissory note finished and signed; the IOU Mom has would likely not have much weight if it ever came to court. However, the lawyer simply won't return Mom's calls. Mom doesn't drive and the lawyer is a good distance away from her so she doesn't want to take a bus over there to try to see the lawyer in person since the lawyer could easily be out when she arrives, causing a wasted trip. I don't live in the same town so it is not awfully convenient for me to drop in on the lawyer either. We're at the point where we're ready to write off this lawyer and try another. However, we feel we're almost done the process now and don't particularly want to start over again with a different lawyer. Besides, Mom doesn't want to go to a second lawyer, pay him, only to get a bill from the first lawyer for the services she has already given us, which are two meetings of about a half hour each plus whatever amount of time she says she spent reviewing our promissory note. Having to pay for the same service twice just because the first lawyer wouldn't get the job done in a timely manner is not a very attractive prospect especially with the rates these jokers charge. Does anyone have any suggestions on how we can get Mom's lawyer to finish reviewing the promissory note and bring this process to an end? The only thing I can think of is for Mom to call the lawyer's office and ask for the lawyer again; if she gets another song and dance about the lawyer not being in, she can say that she's been getting that same stall for 6 months; then she should insist on the lawyer finishing the work or send a bill (immediately) for what we owe her and move on to another lawyer. That approach is a bit belligerent for Mom's taste though - she's fairly "old school" that way - so she is not wild about this idea. Is there any other way to get the lawyer to finish the job short of threatening legal action against her, which we really don't see doing? For example, would it be appropriate to contact the Law Society of Upper Canada and see if they could give the lawyer a nudge? Or should we tell Mom's lawyer that we will contact the Law Society if we don't get some satisfaction soon? Also, if we don't get this settled soon and go to another lawyer, do we have any grounds to refuse to pay Mom's lawyer since she hasn't completed the job in a timely manner? I'm guessing we'd still be on the hook for the work she did, even if it wasn't finished, but I could be wrong....
A: Executing a contract seemingly guaranteeing repayment (a promissory agreement) after the loan is a done deed is highly dubious as to the contract's efficacy. That said, much depends on the precise purpose and wording of the contract and you know the facts better than I. It may be the IOU (the promissory note) constitutes sufficient written evidence of a verbal contract that complies with the legal requirements for such a contract's validity. I would call the