AboutDavid Hollingsworth Expertise I have quite a bit of experience in the field of Probate in Central Indiana along with general areas of civil law. I do not answer question regarding crimminal law or misdemeanors.
Question QUESTION: I have many problems with an attorney I hired to file a complaint against a realtor for not disclosing a defect on a property I purchased that I found out later she fully new about and was hiding. One of my many problems with him is my recent bill. My attorney is a real "hot head". He summoned a witness for depositions, and the witness wrote him a letter stating she was not served properly, and insulted my attorney in the letter. My attorney took personal offence to the letter and literally got in his car, drove 1 hour to her house to re-serve the summons, when she wasn't home, he went to her work. He then billed me for 2 1/2 hrs to serve her. I told him that if he was personally offended and he wanted to serve her in person that was up to him, but don't expect me to pay for his time. He should have served her through less expensive means. The deposition was scheduled for June 20 and he served her on June 13, which tells me he still had time, please tell me your opinion, I don't feel I should pay for this. I called around today to find another attorney to take the case, however, It might be to late in the game, and I might be stuck with him. The lawsuit is filed in Kosciusko County if you know of anyone.
ANSWER: I would say that you should probably get another attorney. You should probably discuss this with the attorney. If he will not discuss this with you and you feel that what he did is dong is not appropriate then I might suggest you notify the Indiana Supreme Court Disciplinary Commission. If he is as hot as you say then I would guess you are not the only one that has had bad experiences. They will help you address this problem. JDH
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QUESTION: Can you tell me under what circumstances it would become necessary for an attorney to serve a subpoena? He served the supeona 10 days before deposition. Why wouldn't he serve it through the mail? This seems an unreasonable charge for $375
He will not provide me any answers other than it was necessary.
Answer I have done the same thing under similar circumstances when the need arises. A lot depends on the distance from his office to the defendant's house. It also has a lot to do with the contents of the subpoena. I have served subpoenas that are 10 pages long and have taken 2 hours to prepare. THere are too many variables to answer this question. As I indicated in the earlier response you need to get another attorney. JDH
