I am unhappy with the service from my attorney
I employed the services of my attorney to evict a non paying tenant. After almost a year the Magistrate found in our favour. Just before we were due to evict, the tenant approached the attorney, stating that he would like to make a settlement agreement and pay off what he owes. He also asked if he could stay in the property an extra 3 months as he was waiting for a house to be built. We agreed, and the attorney then drew up an agreement, where he stated he would settle all outstanding monies due by certain dates. And it also detailed by which dates he would pay the rental amounts for each of the 3 additional months. My issue now, really is that 1. The tenant has not stuck to the terms of the agreement. 2. My attorney is not communicating regularly with me to keep me in the loop. And 3, the funds that the tenant has paid to the attorney, are sitting in their trust account for weeks, and they are not paying the funds over to me. I keep sending emails and calling her, but am not getting any action. I have expressed my dissatisfaction. They are defending the tenants actions of not sticking to the settlement agreement. Almost sympathising with the tenant, rather than looking after my best interests. She says that the reason the payments of funds from their trust account to mine is taking so long, is that the owner /partner has been off sick, and he is the only one who can release payments. She also says that because he has been off sick, she is overloaded and is not getting to everything. I believe that I have been very patient, but I am at the end now. I just want the whole thing to be wrapped up, and I want the money that is due to me to be paid to me. I have instructed her that if the tenant is not sticking to the settlement agreement, that she needs to proceed with the warrant of eviction, but she is ignoring this request. I don’t know how to move forward, and get her to honor my requests.
You said the tenant reneged on the agreement terms yet he made payments in your favour which are held in trust by your attorneys. I am confused somewhat as to the specific agreement term(s) he has not stuck to. RULES FOR THE ATTORNEYS’ PROFESSION states that firm shall, unless otherwise instructed, pay any amount due to a client within a reasonable time. If you strongly believe the attorneys are playing delay tactics over the payment, you may communicate to them your intention to approach the law society to mediate the situation. Importantly, if you think the attorneys are protecting the tenant’s interest at your detriment, you have the right to terminate their services by communicating your intention accordingly.