Kenneth Haley Law Firm LLC / Breach of Contract, Fee Theft
I am an Active Duty Service Member. On 9 March 2012 I retained Mr. Haley’s legal services by signing a contract and paying him $1400 toward his $2800 flat fee. During this initial consultation, I requested that he immediately file a petition with the court to terminate my once voluntary guardianship of a minor child because I was scheduled to receive custody of said child on 31 July 2012. During this consultation he advised me to cease paying child support opining that the court erred in allowing me to pay it in the first place. In his opinion, because my guardianship was voluntary, the child support order was not enforceable and I ceased paying child support at his direction. To date I have paid him $2600 of his $2800 flat fee according to his installment schedule, all the while submitting to his consistent failure to provide me with any documents he may have filed on my behalf while consistently being unprofessional, discourteous, dishonest, non civil, and disrespectful in his yet infrequent communication with me regarding the status of my case and his action/inaction. On 21 June 2012, I notified him that I was served that day with a notice to appear in court for being in contempt for failure to pay child support and inquired whether or not he had even filed my petition. He refused to answer my questions directly and assured me everything had been taken care of on his part. On 26 June I found out that he had indeed filed the petition in April but had failed to follow up with the court, which resulted in the case being closed on 31 March. When confronted about this, he continued to be evasive and rude, resorting to his usual hostile and condescending tone which ended with him advising me that he was filing a motion to strike his appearance as my attorney. He cited my "unreasonable expectations" of him as his justification and hung up the phone on me. On a subsequent call, he refused to refund the $2600, despite having breached our contract upon his resignation without just cause. I now face an impending court date without his representation despite the fact that he never filed my own petition and has retained my $2600 which I could use to retain another attorney on short notice. He is, essentially, not only a liar and incompetent attorney, but also a thief and I will have to file grievances with the ABA and the BBB as well as sue him in court in order to recoup my fees which he did not earn.