Public Mediation

Unprofessional and poor legal services .

M. V. vs. Law Office Of Leroy D. Cole, Llc
Ogden, Utah, 84404, United States
Amount Involved: $2,700.00
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
    • View response from: Law Office Of Leroy D. Cole, Llc
    • Claimant Seeks: View.
    • Claim #: 10762
    • Amount Involved: 2,700.00
    • Filed On: Aug 03, 2010
    • Posted On: Aug 18, 2010
    • Complaint(s):
      • Questionable Business Practices
      • Bad Advice
      • Poor Value for Money
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Statement of Claim
Complaints Involved (4) - View
Claimant says:
"poor representation on my husband case, and negleted his legal services getting the case in a bad situation due to his unprepareness for court. we want our money back. Medardo is represented now for Stirba & Associates Law Firm."
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What Claimant Wants Hide
1. Refund: total amount refund for the legal services that he did not performed Aug 03, 2010 $2,700.00
Cash total : $2,700.00
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "I represented Medardo Valenzuela in a criminal matter he paid approximately $2,800.00 (two-thousand eight hundred dollars) out of $5,000.00 for a federal case of possession with intent to distribute and illegal controlled substance, methamphetamine. He signed a contract with a default rate of $185.00 an hour.

    We met on no less than ten occasions, I received evidence and reviewed extensive evidence (over 2500 cell calls) with him and on my own, we discussed a strategy, at this point I have more than 30 hours into this case, my default rate is $185.00 per hour for a total of $5,500.00 (five thousand five hundred dollars). At some time after being hired he was arrested going into the federal building carrying 20 rounds of live ammunition, he was arrested and set for a hearing.

    I spoke with the family about representing him on the new case, the sister who he said he got the rounds from came in and said that he was to dispose of them. She said it was one or two rounds, since I was not on that case I had no access until I went to the hearing. At the detention hearing, we were told that he was not following the pre-trial release orders and that he had left his house during his house arrest, and had not given urinalysis exams as ordered. He was mad and wanted to know why I did not have this information, I explained that it was a new case and I had not been retained, his family said to get paid more for the case I would have to get him out.

    I told them because he is not a citizen and was found in possession of bullets, that would probably not be possible. After about two weeks of them trying to get the money together for both cases I received a letter from him asking that I withdraw as his attorney. I went to the jail and told him that we were so close to trial that the Judge may not allow it, he said fine but wanted me to try, I further explained that if I were allowed to withdraw that he would most likely not keep the same trial date and that he would probably be in custody for more time, he did not care.

    We went to court and the magistrate judge did exactly what I said he would do, he let me out re-appointed his public defender and continued the trial date.

    The end of July I received a note from Mr. Valenzuela stating that if he did not receive a full and complete refund from me he would do everything he could to ruin me and post lies about me on the internet until I was disbarred from practice. I did not respond and threw the note in the garbage.

    His new attorney has filed a formal motion stating what I said at his earlier detention hearing, about the source of the bullets, but he remains in custody to this day.

    As to his claims of discrimination, I have no idea what he is talking about, I speak Spanish fluently which is one of the reasons he hired me, Misrepresentation or Fraud, he has stated nothing but thrown bald accusations in an attempt to black mail me into refunding him money, Negligence causing harm, once again I was not hired to handle the ammunition case and it is still pending, Poor customer service – I have no idea what more I could have done he never asked for anything never complained until I was out of the case and fails to state what it was I did that was poor customer service, Unfair Practice – he has not stated specifically what I did that was unfair, he is not an attorney and usually this a claim brought between attorneys for unfair competition.

    In all he received more than what he paid for and now he wants the money back because he wants to use it for another purpose, but it was earned and then some. In fact I should send him a bill for the balance, but I won’t add to his misery.
    "

This claim will remain posted until resolved.

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