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Claimant's opinion: detail is right in my attachment
Claimant's opinion: Detailed is in my attachment
Claimant's opinion: $7000.00
This is quite confusing. The claim appears to be asking for a refund of fees because both a) Shingler Lewis gave bad advice and b) Shingler Lewis withdrew from the case and therefore did not earn the full fees paid.
To find out whether Shingler Lewis gave bad advice, one would first have to look at the agent's contract and other dealings with Allstate.
I cannot imagine that Allstate would require a former agent to vacate premises he or she actually owned and give up phone numbers that he or she owned. I may well be wrong, but it seems to me FAR more likely that Allstate required that the former agent remove all references to, and use of, its registered trade name Allstate -- inlcuding on signage on the building, business cards, stationary, ads, phone listings etc. This is quite complicated these days with the proliferation of online listings; one would almost have to employ an agency.
Real estate companies, insurance agencies etc. are extremely protective of their brand (not unreasonably) and do not mess around.
If this was the case, then I could imagine Shingler Lewis initially explaining this and telling the claimant that there would be no problem, providing he or she complied and completely removed the name Allstate. If the claimant misunderstood this and failed to remove all references, then problems could well ensue.
Please understand that this is all speculation in the absence of the contract between the claimant and Allstate plus the subsequent legal communications. It simply seems to me to be a LIKELY explanation.
What happened after that is very confusing. What was the demand that Allstate made outside of the court and why was it unacceptable? It is VERY common for cases to be settled right before they're due to be heard in court. Allstate probably doesn't want to sue any more than the claimant wants to be sued.
I don't understand whether Allstate DID make a proposal or whether Shingler Lewis drew up a proposal to give to Allstate in order to resolve the matter, and the claimant misunderstood. If the claimant could attach the proposal, maybe this will become clear.
The claimant's agreement with Shingler Lewis seems quite clear. The flat fee of $7,000 was for representing the claimant in response to the TRO and didn't cover anything after the Court had made its decision. The agreement specified that if Shingler Lewis hadn't been further retained by the claimant with a separate agreement then they would withdraw - which they apparently did - and the claimant wouldn't oppose the withdrawal, which he or she also apparently did.
The only reason that the fee might possibly not have been earned was if nothing was presented in court and the court never made a decision. Because the end of the story was not included -- did Allstate sue the claimant for millions or not? was a proposal accepted or not? --it's impossible to tell.
All in all, there is simply not enough paperwork and factual information here. I'm afraid I can therefore only suggest that the claimant take the whole thing to the Bar Association's fee dispute mediation team or engage an independent mediator to review the problem. However, I would caution that he or she should take ALL the paperwork, emails etc. as well as a good, concise timeline.
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