| Anne and Pete, Thanks for your patience. Got some info for you as a follow-up from our last phone call which Anne was unable to make. You had expressed some concern on the phone regarding the recovery of attorney's fees in any settlement agreement (this one or a future one) which you may reach with the agency. Attorney's fees are reimbursable so long as they are out of the client's pocket. For example, all the clients who incurred fees with other firms who then came with us are entitled to the fees they paid prior firms as well as the fees they paid us. When Debra asks for fee reimbursement, she asks for the total, not just what the clients paid us - because what matters is what is out of the client's pocket. Anne could have several different attorneys and if the agency agreed to reimburse attorneys' fees, she gets reimbursement for all. During this entire period when you and Anne have had concerns about the nature and extent of Debra's work on her case, you have not been billed. However, you had previously been billed for all work on Anne's case completed prior to reaching out to me at the agreed-upon rates per the fee agreement. Your current balance with us is $955.00. During our last conversation, you expressed dissatisfaction with Debra's work and wanted a refund of all monies paid to this firm for that work. As I recall, you thought you might need all of that money in order to ensure you got all of the attorney's fees reimbursed according to any future settlement agreement. As I explained above, that's not how the reimbursement of attorney's fees works and therefore you need not be concerned about that. Any settlement which agrees to reimburse attorneys' fees will reimburse all paid to any attorney who worked this matter. The nature of your complaint is that Debra has not taken enough time explain why most of Anne's issues have no merit and has not taken additional time to inquire into the drafting and submission of a counter-offer. Both of those things imply future efforts to be made by Debra on Anne's behalf. Both of those things are still doable, along with any and all other legal work you request. None of them have been rendered impossible by the passage of time or the arrival of a written settlement agreement from the agency. A counter-offer can still be discussed, proposed, presented and negotiated. But this additional effort you request is time for which Debra must be paid, if she is to continue to represent you. So Anne, you have two options: 1) Continue to work with Debra until a mutually agreed upon course of action has been developed and executed until the conclusion of your matter; or 2) Terminate our representation immediately, and we will respond with a letter acknowledging that action, accompanied by a check for $955.00. There is no scenario in which Debra has done any past work pro bono, or you are due any refund of fees already earned per the fee agreement. All of her work was properly and contemporaneously documented and will withstand the scrutiny of any fee dispute inquiry. Please advise how you would like for us to proceed. V/r, Neal Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566 The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 703-706-9566 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. |