Law Office of Robert N. Greenberg

On November 13, 2015, Mr. [redacted] called me and we spoke for not less than 30 minutes about...

his case. During that call, Mr. [redacted] informed me of the facts and based on those facts and the law, I offered him my legal opinion as to his rights and remedies. At some point during the call, Mr. [redacted] decided he wanted to retain my services. I advised Mr. [redacted] that I would require a $2,500.00 retainer and that my hourly fee was $300.00. Arrangements were made for Mr. [redacted] to meet me at my Simi Valley office on November 15, 2015 to sign a retainer agreement, pay the retainer, and discuss his case further. It should be noted that the Thumbtack website indicated that with respect to Mr. [redacted]’s post, “3 quotes have been sent by you and others on this request.”
On November 15, 2015, I met with Mr. [redacted] and his wife at my home office in Simi Valley. The meeting lasted for an hour and a half during which time we discussed in depth and detail the history of his case. A retainer agreement and Substitution of
Attorney were signed and Mr. [redacted] paid the $2,500.00 retainer by check. A copy of the retainer agreement is attached hereto as Exhibit “A.”
Representation of and Accounting to Mr. [redacted]
           Per the retainer agreement, Mr. [redacted] was sent a statement on December 1, 2014 for the month of November 2014. The statement set out the Fee Earned This Period by date, description, time and amount, as well a detail of “Costs & Expenses This Period.” A copy of the statement for November 2014 is attached hereto as Exhibit “B”
As can be seen from the November 2014 statement, Mr. [redacted] was charged for the 2 hours it took me to prepare the Request for Domestic Violence Restraining Order and 1.5 hours for my appearance at the TRO hearing on November 18, 2014. As of December 1, 2014, there was 991.86 still on retainer.
On January 1, 2015, Mr. [redacted] was sent a statement for the month of December 2014. This statement, just like the previous statement, set out the “Fee Earned This Period" by date, description, time and amount, as well as a detail of the Costs & Expenses This Period.” For the month of December 2014, fees earned and costs and expenses incurred totaled $2,714.28. Subtracting the balance on retainer ($991.86), Mr. [redacted] now owed $1,722.42. A copy of the statement for November 2014 is attached hereto as Exhibit “C.”
Mr. [redacted]’s Failure to Make Payment
When I did not receive payment from Mr. [redacted], I sent him a text message on January 8th inquiring “when are you sending payment on your accounts?" Mr. [redacted] replied “Either this coming week or the week after."
I then sent Mr. [redacted] a text message on January 16th reminding him about his previous text message and that I had still not received payment. Mr. [redacted] responded “[redacted], I still haven’t gotten paid, it will have to be next week."
On January 22nd, I sent Mr. [redacted] the following text: "When are you sending payment this week" When Mr. [redacted] failed to respond, I sent him another text on January 23: "Andy: I would appreciate the courtesy of a response."
I then received the following email from Mr. [redacted]’s wife on January 23: "I’m emailing you in response to your text message to Andy, after reviewing your monthly statements we have a few issues." I replied What are the issues" In response, received a rather incoherent and rambling email that purported to identify the “issues." A copy of the email from Ms. [redacted] dated January 23, 2015 is attached hereto as Exhibit “D”
On February 1, 2015, Mr. [redacted] was sent a statement for the month of January 2015. According to this statement, Mr. [redacted] had incurred another $76.98 and been given credit for payment of 50.00. Mr. [redacted]’s balance was now $1,749.40. A copy of the statement for January 2015 is attached hereto as Exhibit “E.”
On February 1, 2015, I sent Mr. [redacted] a mandatory Notice of Clients Right to Arbitration advising that I intended to file a small claims action for failure to pay fees, costs and expenses pursuant to the retainer agreement. A copy of the Notice of Clients Right to Arbitration dated February 1, 2015 is attached hereto as Exhibit “F"
Response to Customers Statement of the Problem
First, it should be noted that Mr. [redacted] never express an issue with my billing statements until January 23, 2015 when, after repeated requests to Mr. [redacted] that he make payment on his account, and after repeated promises from Mr. [redacted] that payment would be forthcoming, his wife sent me an email about issues.". As stated above, the initial statement for November 2014 was issued on December 1, 2014. At no time between December 1, 2014 and January 23, 2015 did Mr. [redacted] raise an issue to the time billed or the expenses incurred. The statement for December 2014 was issue in January 1, 2015. At no time between January 1, 2015 and January 23, 2015 did Mr. [redacted] raise an issue as to time billed or the expenses incurred. Only when pressed for payment was there now an issue with those statements.
It should be noted that on December 3 ,2014, Ms. [redacted] posted the following 5 Star review on Thumbtack.
[redacted] was great, I was extremely nervous going into court. He joked around with me and help sic] me to feel at ease. He is a very good lawyer and weeded out all the lies of the opposing counsel. I highly recommend him to anybody that is looking for a family attorney.
Thank you [redacted] for everything you’ve done with my case, you've not only been a great lawyer but a great friend towards me and my family.
Second, I disagree with Mr. [redacted]’s overly broad and rather ambiguous contention that “this law office has overcharged me for services rendered." If anything, I undercharged Mr. [redacted]. It is my practice to round-down when noting time incurred. With respect to appearances, I only charge for travel time one way. This, I believe, is the standard practice for most attorneys.
Third, Mr. [redacted]’s statements “he over added time spent to do particular tasks with filing paperwork and emails to opposing counsel" is likewise ambiguous and factual incorrect. None of the statements show fees incurred for “filing paper work." And as a matter of record, the opposing party was not represented. I am at a loss as to Mr [redacted]’s statement regarding “emails to opposing counsel.”
Fourth, Mr. [redacted]’s statement “I know this because it only took him 30 min to fill out court paperwork and purposely made a bunch of spelling mistakes and other type o’s" [sic] is self serving and without any basis in reality. Not only was Mr. [redacted] not present at any time that I prepared pleadings on his behalf, his assumption that there were intentional spelling mistakes (i.e., Ms. [redacted] was upset that Mr. [redacted]’s ex-wife was also referred to as the former Mrs. [redacted]) is ridiculous. My statements reflect the time spent to prepare the initial draft of the stated pleadings. Time spent on revisions or corrections is not included or charged.
Fifth, Mr. [redacted]’s statement that I ignored his request to “adjust the billing to reflect a more proper and honest bill" is accurate. As mentioned above, and as can be seen by a review of Exhibit “D” Ms. [redacted]’s email was a rambling, incoherent, and unfounded complaint issued solely for the purpose of trying to avoid payment. I did not have the time, nor inclination, to engage either Mr. [redacted] or his wife on what I viewed as an obvious ploy to not pay their bill.
Finally, I have no idea as to Mr. [redacted]’s reference that I “made false accusations again [sic]" him.
Response to Desired Settlement
Contrary to Mr. [redacted]’s contention, my billing statements are honest and truthful. There was no “extra cost” for my initial in person meeting; it was part of my representation. I provided Mr. [redacted] with an in-depth consultation over the phone on November 13, 2014 and it was that consultation that convinced Mr. [redacted] to retain me.
Mr. [redacted] appears to be under the mistaken impression that because he “had to travel a distance" to my office he should somehow not be charged for my time. Mr. [redacted] knew where I was located and make the independent decision to retain me.
His case was located in Ventura County Superior Court, so it made sense that he retain an attorney in Ventura County. As Mr. [redacted] noted in his Thumbtack post, he indicated “I will travel to the pro up to 50 miles" as his “travel preference." To now make a complaint that he had to travel a distance to get to him as an excuse not to pay is disingenuous.
Mr. [redacted]’s claim that there was no free consultation is a complete lie. We spent nearly 30 minutes on the telephone regarding the facts of his case on November 13, 2014. It would make no sense for Mr. [redacted] to expect another free consultation, especially after having “had to travel a distance to get to him.”
And finally, Mr. [redacted]’s contention that I “never followed through with what he told me he was gong to do in my case" is an insult as much as it is a lie. His request for a temporary restraining order was granted. At the subsequent hearing on the issuance of a permanent restraining order, Mr. [redacted] decided to withdraw his request after court ordered mediation. I then negotiated and drafted the Stipulation that deleted the restriction in the court Order that prohibited Mr. [redacted]’s wife from being present at the exchanges.
Conclusion
Mr. [redacted] is using the Revdex.com in an effort to extort a reduction in fees and costs that he contractually incurred. In addition to filing a complaint with the Revdex.com, Ms. [redacted] deleted the earlier positive review on Thumbtack and posted a negative review on January 29, 2015 which starts “I wrote a review about [redacted] on 3 Dec 2014. After dealing with him after my case, now I feel I overrated him." This should convince a reasonable person that the [redacted]’s are simply trying to forego paying their bill.
Mr. [redacted] and his wife and invidious people that will stop at nothing and say anything is order to get out of paying their bill. It will not work with me. I intend to avail myself of my legal remedies to collect what Mr. [redacted] owes.
Please let me know if you need any further information or wish to discuss this further.
Best regards,
[redacted]

Review: This law office has overcharged me for services rendered. He over added time spent to do particular tasks with filing paper work and emails to opposing counsel. I know this because it only took him 30 min to fill out court paper work and purposely made a bunch of spelling mistakes and other type o's. When asked to adjust the billing to reflect a more proper and honest bill, he ignored my request and made false accusations again me.Desired Settlement: I am only asking that he fix the billing to reflect a more honest monthly statement reflecting true and honest work that he complete. Also to take of the extra cost that he take off the meeting he charged me for when I originally retained him. He knew I had to travel a distance to get to him and he still charged me for the meeting. There was no free consultation and he never followed through with what he told me he was going to do in my case.

Business

Response:

On November 13, 2015, Mr. [redacted] called me and we spoke for not less than 30 minutes about his case. During that call, Mr. [redacted] informed me of the facts and based on those facts and the law, I offered him my legal opinion as to his rights and remedies. At some point during the call, Mr. [redacted] decided he wanted to retain my services. I advised Mr. [redacted] that I would require a $2,500.00 retainer and that my hourly fee was $300.00. Arrangements were made for Mr. [redacted] to meet me at my Simi Valley office on November 15, 2015 to sign a retainer agreement, pay the retainer, and discuss his case further. It should be noted that the Thumbtack website indicated that with respect to Mr. [redacted]’s post, “3 quotes have been sent by you and others on this request.”On November 15, 2015, I met with Mr. [redacted] and his wife at my home office in Simi Valley. The meeting lasted for an hour and a half during which time we discussed in depth and detail the history of his case. A retainer agreement and Substitution ofAttorney were signed and Mr. [redacted] paid the $2,500.00 retainer by check. A copy of the retainer agreement is attached hereto as Exhibit “A.”Representation of and Accounting to Mr. [redacted] Per the retainer agreement, Mr. [redacted] was sent a statement on December 1, 2014 for the month of November 2014. The statement set out the Fee Earned This Period by date, description, time and amount, as well a detail of “Costs & Expenses This Period.” A copy of the statement for November 2014 is attached hereto as Exhibit “B”As can be seen from the November 2014 statement, Mr. [redacted] was charged for the 2 hours it took me to prepare the Request for Domestic Violence Restraining Order and 1.5 hours for my appearance at the TRO hearing on November 18, 2014. As of December 1, 2014, there was 991.86 still on retainer.On January 1, 2015, Mr. [redacted] was sent a statement for the month of December 2014. This statement, just like the previous statement, set out the “Fee Earned This Period" by date, description, time and amount, as well as a detail of the Costs & Expenses This Period.” For the month of December 2014, fees earned and costs and expenses incurred totaled $2,714.28. Subtracting the balance on retainer ($991.86), Mr. [redacted] now owed $1,722.42. A copy of the statement for November 2014 is attached hereto as Exhibit “C.”Mr. [redacted]’s Failure to Make PaymentWhen I did not receive payment from Mr. [redacted], I sent him a text message on January 8th inquiring “when are you sending payment on your accounts?" Mr. [redacted] replied “Either this coming week or the week after."I then sent Mr. [redacted] a text message on January 16th reminding him about his previous text message and that I had still not received payment. Mr. [redacted] responded “[redacted], I still haven’t gotten paid, it will have to be next week."On January 22nd, I sent Mr. [redacted] the following text: "When are you sending payment this week" When Mr. [redacted] failed to respond, I sent him another text on January 23: "Andy: I would appreciate the courtesy of a response."I then received the following email from Mr. [redacted]’s wife on January 23: "I’m emailing you in response to your text message to Andy, after reviewing your monthly statements we have a few issues." I replied What are the issues" In response, received a rather incoherent and rambling email that purported to identify the “issues." A copy of the email from Ms. [redacted] dated January 23, 2015 is attached hereto as Exhibit “D”On February 1, 2015, Mr. [redacted] was sent a statement for the month of January 2015. According to this statement, Mr. [redacted] had incurred another $76.98 and been given credit for payment of 50.00. Mr. [redacted]’s balance was now $1,749.40. A copy of the statement for January 2015 is attached hereto as Exhibit “E.”On February 1, 2015, I sent Mr. [redacted] a mandatory Notice of Clients Right to Arbitration advising that I intended to file a small claims action for failure to pay fees, costs and expenses pursuant to the retainer agreement. A copy of the Notice of Clients Right to Arbitration dated February 1, 2015 is attached hereto as Exhibit “F"Response to Customers Statement of the ProblemFirst, it should be noted that Mr. [redacted] never express an issue with my billing statements until January 23, 2015 when, after repeated requests to Mr. [redacted] that he make payment on his account, and after repeated promises from Mr. [redacted] that payment would be forthcoming, his wife sent me an email about issues.". As stated above, the initial statement for November 2014 was issued on December 1, 2014. At no time between December 1, 2014 and January 23, 2015 did Mr. [redacted] raise an issue to the time billed or the expenses incurred. The statement for December 2014 was issue in January 1, 2015. At no time between January 1, 2015 and January 23, 2015 did Mr. [redacted] raise an issue as to time billed or the expenses incurred. Only when pressed for payment was there now an issue with those statements.It should be noted that on December 3 ,2014, Ms. [redacted] posted the following 5 Star review on Thumbtack.[redacted] was great, I was extremely nervous going into court. He joked around with me and help sic] me to feel at ease. He is a very good lawyer and weeded out all the lies of the opposing counsel. I highly recommend him to anybody that is looking for a family attorney.Thank you [redacted] for everything you’ve done with my case, you've not only been a great lawyer but a great friend towards me and my family.Second, I disagree with Mr. [redacted]’s overly broad and rather ambiguous contention that “this law office has overcharged me for services rendered." If anything, I undercharged Mr. [redacted]. It is my practice to round-down when noting time incurred. With respect to appearances, I only charge for travel time one way. This, I believe, is the standard practice for most attorneys.Third, Mr. [redacted]’s statements “he over added time spent to do particular tasks with filing paperwork and emails to opposing counsel" is likewise ambiguous and factual incorrect. None of the statements show fees incurred for “filing paper work." And as a matter of record, the opposing party was not represented. I am at a loss as to Mr [redacted]’s statement regarding “emails to opposing counsel.”Fourth, Mr. [redacted]’s statement “I know this because it only took him 30 min to fill out court paperwork and purposely made a bunch of spelling mistakes and other type o’s" [sic] is self serving and without any basis in reality. Not only was Mr. [redacted] not present at any time that I prepared pleadings on his behalf, his assumption that there were intentional spelling mistakes (i.e., Ms. [redacted] was upset that Mr. [redacted]’s ex-wife was also referred to as the former Mrs. [redacted]) is ridiculous. My statements reflect the time spent to prepare the initial draft of the stated pleadings. Time spent on revisions or corrections is not included or charged.Fifth, Mr. [redacted]’s statement that I ignored his request to “adjust the billing to reflect a more proper and honest bill" is accurate. As mentioned above, and as can be seen by a review of Exhibit “D” Ms. [redacted]’s email was a rambling, incoherent, and unfounded complaint issued solely for the purpose of trying to avoid payment. I did not have the time, nor inclination, to engage either Mr. [redacted] or his wife on what I viewed as an obvious ploy to not pay their bill.Finally, I have no idea as to Mr. [redacted]’s reference that I “made false accusations again [sic]" him.Response to Desired SettlementContrary to Mr. [redacted]’s contention, my billing statements are honest and truthful. There was no “extra cost” for my initial in person meeting; it was part of my representation. I provided Mr. [redacted] with an in-depth consultation over the phone on November 13, 2014 and it was that consultation that convinced Mr. [redacted] to retain me.Mr. [redacted] appears to be under the mistaken impression that because he “had to travel a distance" to my office he should somehow not be charged for my time. Mr. [redacted] knew where I was located and make the independent decision to retain me.His case was located in Ventura County Superior Court, so it made sense that he retain an attorney in Ventura County. As Mr. [redacted] noted in his Thumbtack post, he indicated “I will travel to the pro up to 50 miles" as his “travel preference." To now make a complaint that he had to travel a distance to get to him as an excuse not to pay is disingenuous.Mr. [redacted]’s claim that there was no free consultation is a complete lie. We spent nearly 30 minutes on the telephone regarding the facts of his case on November 13, 2014. It would make no sense for Mr. [redacted] to expect another free consultation, especially after having “had to travel a distance to get to him.”And finally, Mr. [redacted]’s contention that I “never followed through with what he told me he was gong to do in my case" is an insult as much as it is a lie. His request for a temporary restraining order was granted. At the subsequent hearing on the issuance of a permanent restraining order, Mr. [redacted] decided to withdraw his request after court ordered mediation. I then negotiated and drafted the Stipulation that deleted the restriction in the court Order that prohibited Mr. [redacted]’s wife from being present at the exchanges.ConclusionMr. [redacted] is using the Revdex.com in an effort to extort a reduction in fees and costs that he contractually incurred. In addition to filing a complaint with the Revdex.com, Ms. [redacted] deleted the earlier positive review on Thumbtack and posted a negative review on January 29, 2015 which starts “I wrote a review about [redacted] on 3 Dec 2014. After dealing with him after my case, now I feel I overrated him." This should convince a reasonable person that the [redacted]’s are simply trying to forego paying their bill.Mr. [redacted] and his wife and invidious people that will stop at nothing and say anything is order to get out of paying their bill. It will not work with me. I intend to avail myself of my legal remedies to collect what Mr. [redacted] owes.Please let me know if you need any further information or wish to discuss this further.Best regards,[redacted]