Rumley, Darrel C. Atty at Law

Response to complaint # [redacted] :The complaint is full of inaccuracies On June 11, 2015, after an extensive in-office interview process, I was retained by Ms [redacted] At that time, a written fee agreement was signed by Ms [redacted] and me, and a copy was given to the Client The agreed-upon fee of $(not $2, as inaccurately stated in the complaint) was broken out as follows: $1,attorney fees and $for court filing fees, credit counseling, debtor education, three-bureau credit report My hourly rate was also stated in the fee agreement at $per hour, which would become the basis for charging should termination ensue for any reason (as stated in Section 6) I did not receive any funds at that time I was later contacted by email on July 17, 2015, with some questions from the Client, which I responded to immediately The Client was not charged for responding to these emails.On Wednesday, September 9, 2015, I was contacted by Ms [redacted] , who indicated that she could now make payment in full and wanted to proceed immediately I informed Ms [redacted] that I would be leaving on vacation in two days and would be glad to meet with her upon my return Ms [redacted] was anxious to get started and asked if the preparation could be done over the phone prior to my leaving I agreed to her request and prepared a full draft bankruptcy petition with her by phone on the following day, Thursday, September 10, Two days after I completed the draft petition and while on vacation, the Client emailed me stating that she had changed her mind and did not want to proceed with the bankruptcy I did no further work on the case.In regards to the Client terminating the agreement, I quote from the Fee Agreement (Section 6): "If Client chooses to terminate this employment relationship for any reason, Client agrees to pay Attorney for all services performed and to reimburse Attorney for all expenses advanced as a pre-condition to terminating the employment Client agrees to pay Attorney for all services performed, including the initial case review and file sfee."Thus in agreement with the contract, I mailed the Client two invoices The Client was only charged for the completed legal services (based on the hourly rate) and expenses incurred (three credit reports) This amounted to $ This amount was deducted from the flat fee of $1950, and a check for $1,was mailed to the Client on October 7, 2015.As to Client's demand for documentation, the doctrine of "attorney work product privilege" articulates that the Client is not entitled to any of Attorney's working notes (in this case pages of working notes) However, I would be happy to email the credit report upon requestIn summary, the Client was only charged for time spent and expenses incurred in Client's behalf

Attached please find the fee agreement, invoices, check, and credit report for [redacted] Please note the date of the credit report, 9/10, is the same date as the pre-filing date on one of the invoices The credit report was done as part of the preparation In order to obtain the report there is an authentication process that can only be done with the client’s assistance As stated before my intake notes and case preparation notes are protected by the attorney work product doctrine There would also be attorney client information that is also not available

Attached please find the fee agreement, invoices, check, and credit report for [redacted].  Please note the date of the credit report, 9/10, is the same date as the pre-filing date on one of the invoices.  The credit report was done as part of the preparation.  In order to obtain the report there is an authentication process that can only be done with the client’s assistance.   As stated before my intake notes and case preparation notes are protected by the attorney work product doctrine.  There would also be attorney client information that is also not available.

I am rejecting this response because:During our consultation in June this said fee agreement was a sheet with a total amount due for the entire bankruptcy with no breakdown of costs or services. I was also told at that time during our consultation that no services would be started until payment in full was made. So I could not have been charged for "bankruptcy planning and prep" when absolutely no services were completed. When I contacted [redacted] in September he was leaving out of town the NEXT day and only did a phone interview asking all of the same questions he asked me during our consultation in June. After I received his fee deductions I asked him for copies of the fee agreement that I signed and the proof of bankruptcy "planning and prep". Which I still have not received. He then stopped returning my emails.  If he indeed did $693.75 worth of "planning and prep" services then I should have proof of services and be entitled to use them if I do decide to file in the future. In order to keep integrity in business you should be able to provide proof of services and or documentation of services completed.  I don't have a problem paying for products/services that I obtain however I do expect to obtain them.

I am rejecting this response because: First he stated that he started his "prep work in June" which the fee contract states "Client understands thathislher bankruptcy cannot be filed until these amounts are paid in full." Since I paid in September at the end of business day and [redacted] stated that he was leaving town that day for the rest of the month there is no way that he had completed $618.75 worth of "bankruptcy prep" and if he did I want proof.  There is nothing in the contract that says writing notes on a yellow pad is a $618.75 fee.

Response to complaint #[redacted]:The complaint is full of
inaccuracies.  On June 11, 2015, after an
extensive in-office interview process, I was retained by Ms. [redacted].  At that time, a written fee agreement was
signed by Ms. [redacted] and me, and a copy was given to the Client.  The...

agreed-upon fee of $1950.00 (not $2,950
as inaccurately stated in the complaint) was broken out as follows:  $1,500 attorney fees and $450 for court
filing fees, credit counseling, debtor education, three-bureau credit
report.  My hourly rate was also stated
in the fee agreement at $225.00 per hour, which would become the basis for
charging should termination ensue for any reason (as stated in Section 6).  I did not receive any funds at that
time.  I was later contacted by
email on July 17, 2015, with some questions from the Client, which I responded
to immediately.  The Client was not
charged for responding to these emails.On Wednesday, September 9,
2015, I was contacted by Ms. [redacted], who indicated that she could now make
payment in full and wanted to proceed immediately.  I informed Ms. [redacted] that I would be leaving
on vacation in two days and would be glad to meet with her upon my return.  Ms. [redacted] was anxious to get started and asked
if the preparation could be done over the phone prior to my leaving.  I agreed to her request and prepared  a full draft bankruptcy petition with her by
phone  on the following day, Thursday,
September 10, 2015.  Two days after I completed
the draft petition and while on vacation, the Client emailed me stating that
she had changed her mind and did not want to proceed with the bankruptcy.  I did no further work on the case.In regards to the Client
terminating the agreement, I quote from the Fee Agreement (Section 6):                "If Client chooses to terminate this employment
relationship for any reason, Client agrees to pay Attorney for all services
performed and to reimburse Attorney for all expenses advanced as a
pre-condition to terminating the employment. 
Client agrees to pay Attorney for all services performed, including the
initial case review and file set-up fee."Thus in agreement with the
contract, I mailed the Client two invoices. 
The Client was only charged for the completed legal services (based on
the hourly rate) and expenses incurred (three credit reports).  This amounted to $693.75.  This amount was deducted from the flat fee of
$1950, and a check for $1,256.25 was mailed to the Client on October 7, 2015.As to Client's demand for
documentation, the doctrine of "attorney work product privilege"
articulates that the Client is not entitled to any of Attorney's working notes
(in this case 16 pages of working  notes).
 However,  I would be happy to email the credit report
upon request. In summary, the Client was
only charged for time spent and expenses incurred in Client's behalf.

Review: [redacted] came recommended for his services, after contacting him and meeting with him I needed to plan out the next steps and save the money up that was needed for his services as he said payment was required to begin any work. Once I saved up the money I contacted [redacted] and let him know I was ready, he stated he was leaving on vacation that day, the money was dropped off later that day so work could start soon as he was back. Two days later I emailed [redacted] and let him know that I would not be proceeding with the work and would like my money returned until a later date. After two or three emails I received an email response about month later after his vacation and his response was I will get a check ready. after another couple emails asking about the funds back he finally responded saying he mailed the check. upon receiving the check [redacted] deducted $693.73 in "fees" upon request for what these fees were for and proof of whatever work was done he responded with the fees were described in the fee schedule which he never provided, he has also stopped responding to emails for proof of the "work" he did for meDesired Settlement: A full refund

Business

Response:

Response to complaint #[redacted]:The complaint is full of

inaccuracies. On June 11, 2015, after an

extensive in-office interview process, I was retained by Ms. [redacted]. At that time, a written fee agreement was

signed by Ms. [redacted] and me, and a copy was given to the Client. The agreed-upon fee of $1950.00 (not $2,950

as inaccurately stated in the complaint) was broken out as follows: $1,500 attorney fees and $450 for court

filing fees, credit counseling, debtor education, three-bureau credit

report. My hourly rate was also stated

in the fee agreement at $225.00 per hour, which would become the basis for

charging should termination ensue for any reason (as stated in Section 6). I did not receive any funds at that

time. I was later contacted by

email on July 17, 2015, with some questions from the Client, which I responded

to immediately. The Client was not

charged for responding to these emails.On Wednesday, September 9,

2015, I was contacted by Ms. [redacted], who indicated that she could now make

payment in full and wanted to proceed immediately. I informed Ms. [redacted] that I would be leaving

on vacation in two days and would be glad to meet with her upon my return. Ms. [redacted] was anxious to get started and asked

if the preparation could be done over the phone prior to my leaving. I agreed to her request and prepared a full draft bankruptcy petition with her by

phone on the following day, Thursday,

September 10, 2015. Two days after I completed

the draft petition and while on vacation, the Client emailed me stating that

she had changed her mind and did not want to proceed with the bankruptcy. I did no further work on the case.In regards to the Client

terminating the agreement, I quote from the Fee Agreement (Section 6): "If Client chooses to terminate this employment

relationship for any reason, Client agrees to pay Attorney for all services

performed and to reimburse Attorney for all expenses advanced as a

pre-condition to terminating the employment.

Client agrees to pay Attorney for all services performed, including the

initial case review and file set-up fee."Thus in agreement with the

contract, I mailed the Client two invoices.

The Client was only charged for the completed legal services (based on

the hourly rate) and expenses incurred (three credit reports). This amounted to $693.75. This amount was deducted from the flat fee of

$1950, and a check for $1,256.25 was mailed to the Client on October 7, 2015.As to Client's demand for

documentation, the doctrine of "attorney work product privilege"

articulates that the Client is not entitled to any of Attorney's working notes

(in this case 16 pages of working notes).

However, I would be happy to email the credit report

upon request. In summary, the Client was

only charged for time spent and expenses incurred in Client's behalf.

Consumer

Response:

I am rejecting this response because:During our consultation in June this said fee agreement was a sheet with a total amount due for the entire bankruptcy with no breakdown of costs or services. I was also told at that time during our consultation that no services would be started until payment in full was made. So I could not have been charged for "bankruptcy planning and prep" when absolutely no services were completed. When I contacted [redacted] in September he was leaving out of town the NEXT day and only did a phone interview asking all of the same questions he asked me during our consultation in June. After I received his fee deductions I asked him for copies of the fee agreement that I signed and the proof of bankruptcy "planning and prep". Which I still have not received. He then stopped returning my emails. If he indeed did $693.75 worth of "planning and prep" services then I should have proof of services and be entitled to use them if I do decide to file in the future. In order to keep integrity in business you should be able to provide proof of services and or documentation of services completed. I don't have a problem paying for products/services that I obtain however I do expect to obtain them.

Business

Response:

Attached please find the fee agreement, invoices, check, and credit report for [redacted]. Please note the date of the credit report, 9/10, is the same date as the pre-filing date on one of the invoices. The credit report was done as part of the preparation. In order to obtain the report there is an authentication process that can only be done with the client’s assistance. As stated before my intake notes and case preparation notes are protected by the attorney work product doctrine. There would also be attorney client information that is also not available.

Consumer

Response:

I am rejecting this response because: First he stated that he started his "prep work in June" which the fee contract states "Client understands thathislher bankruptcy cannot be filed until these amounts are paid in full." Since I paid in September at the end of business day and [redacted] stated that he was leaving town that day for the rest of the month there is no way that he had completed $618.75 worth of "bankruptcy prep" and if he did I want proof. There is nothing in the contract that says writing notes on a yellow pad is a $618.75 fee.