should I pay the attorney this 1000?

[Newhope2005]

OK, here is my story:
I hired an attorney for GC in 2003 as OR process. The contract said when I-140 approved, i pay the balance which is $1000.
However due to her mistake in filing, (she put wrong employer in I-140), my case was denied in 2005.
She was kind though to offer me another chance without charge:
"I will refile it with correct employer this time without any charge".
I thought without any hesitant that this should be a Pro Bono and has nothing to do with the original case. Since the orginal contract terminated when the I-140 was denied.
I figured why not just spend another $190 for OR I-140 and so i let her go ahead. At the meantime, i filed myself EA and NIW just in case. And EA was approved recently.
Now the OR filed by my attorney was also approved and she is asking for the $1000 balance.
I really don't think i should pay for reasons:
1) The original contract should terminate when the original I-140 was denied.
2) The denial was due to attorney filing error, i didn't get the correct legal service i paid for.
3) Let alone all the filing fees and time i wasted.

Please share your opinion and comments.
Thanks.

 

[WorryForGC]

who is this atty, may be we have the same and want to file a law suit

is the law firm starting with J

OK, here is my story:
I hired an attorney for GC in 2003 as OR process. The contract said when I-140 approved, i pay the balance which is $1000.
However due to her mistake in filing, (she put wrong employer in I-140), my case was denied in 2005.
She was kind though to offer me another chance without charge:
"I will refile it with correct employer this time without any charge".
I thought without any hesitant that this should be a Pro Bono and has nothing to do with the original case. Since the orginal contract terminated when the I-140 was denied.
I figured why not just spend another $190 for OR I-140 and so i let her go ahead. At the meantime, i filed myself EA and NIW just in case. And EA was approved recently.
Now the OR filed by my attorney was also approved and she is asking for the $1000 balance.
I really don't think i should pay for reasons:
1) The original contract should terminate when the original I-140 was denied.
2) The denial was due to attorney filing error, i didn't get the correct legal service i paid for.
3) Let alone all the filing fees and time i wasted.

Please share your opinion and comments.
Thanks.

 

[bltzkrig]

I don't know about contract issues, but I think you should absolutely pay your lawyer for the balance due. Not doing so would be totally unconscionable. Mistakes happen - what's important is how they are dealt with. The lawyer was good enough to accept the blame and correct it - leading to an approved I-140. She deserves to be paid.

The other backup applications you made were entirely for your own peace of mind. Don't stiff the lawyer now, just 'cause you have another approved I-140.

Just my 2 cents.

-bltzkrig

 

[sea98121]

It makes sense you should pay her. If you told her upfront that you were not going to pay because of the error, then she probably wouldn't offer to file another time for you.

 

[Newhope2005]

it is just she didn't make it clear regarding the balance issue when she offered the free filing the second time. All the time i thought that was her Pro Bono due to her first error when filing.
Today the head of the firm is even saying there was nothing wrong with her initial petition!
I just feel being fooled.
Anyway, i still will pay eventually.

 

[WorryForGC]

we pay for the lawyer for their services to be done rightly

not to be done like a school kid on the block, and make one suffer for the mistakes

it is just she didn't make it clear regarding the balance issue when she offered the free filing the second time. All the time i thought that was her Pro Bono due to her first error when filing.
Today the head of the firm is even saying there was nothing wrong with her initial petition!
I just feel being fooled.
Anyway, i still will pay eventually.