NO.
IN THE INTEREST OF
IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS
A MINOR CHILD
310 JUDICIAL DISTRICT
ANSWER TO ATTORNEY MOTION FOR WITHDRAWAL OF COUNSEL
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Ms. , Respondent herein, who files this Answer in response to Michael D. Clay, Esq. Motion For Withdrawal of Counsel:
1. This answer is in response to attorney Michael D. Clay application to withdraw as my attorney of record in two matters, within which I was the Respondent, to wit: Movant/Petitioner Christian Angomas, Sr.’s Motion For Enforcement of Possession or Access and Petitioner/Movant in the Motion to Modify Parent-Child Relationship. 2. Given the fees I have already tendered to Mr. Clay, I object to Mr. Clay’s motion to the extent that he should not be allowed to withdraw from this matter until the pending Petitioner/Movant Motion to Modify Parent-Child Relationship is heard before this Court or, in the alternative, Mr. Clay refund to me $1,500.00 as an unused portion of the payment I have already paid to him. 3. When I hired Mr. Clay I was not provided with any type of retainer agreement or document outlining his fee schedule nor have we yet executed a retainer agreement. 4. On or before October 30, 2017 I paid Mr. Clay $2,500.00 to represent
me in the two above referenced motions. 5. On or about October 30, 2017 Mr. Clay appeared in Court on my behalf. During the course of this appearance, I became clear that the relationship between myself and Mr. Clay would not work and should not continue. It was my belief that Mr. Clay was patronizing, disinterested in finding an equitable solution to issues I raised, and, most importantly, personally insulting. 6. Moreover, while at Court on or about October 30, 2017, Mr. Clay did not inform me that he had filed and/or served Petitioner/Movant Motion to Modify Parent-Child Relationship as we had agreed. 7. On or about November 27, 2017, by email, I informed Mr. Clay of my desire to terminate the attorney/client relationship and expected a refund of any unused portion of the fees I paid him. 8. Mr. Clay responded to my request for a refund of unused fees, by email, with a long missive of all that he had done on my behalf but no record of his work or a billing statement. 9. On or about December 11, 2017, after I had informed Mr. Clay that I would personally appear for the hearing on his motion to withdraw, Mr. Clay, for the first time, forwarded me a billing statement. A copy of Mr. Clay’s billing statement is attached hereto as EXHIBIT A. 10. Mr. Clay clearly billed me for work he allegedly done prior to my retaining him as well as work he performed, i.e. his motion for withdrawal, after I terminated our relationship. The billing statement cites a billable hour that we never discussed, work that he never performed, and raised questions about whether or not he actually filed a motion that he previously informed me that he did not.
11. Upon information and belief, it appears that Mr. Clay assembled a contrived and false billing statement to carve out a position so that he could argue that I am due no refund because of the work he has performed. THEREFORE, for reasons set forth herein, I pray that this Court grant Mr. Clay’s motion to withdraw to the extent that he should not be allowed to withdraw from this matter until the pending Petitioner/Movant Motion to Modify Parent-Child Relationship is heard before this Court or, in the alternative, Mr. Clay refund to me $1,500.00 as an unused portion of the payment I have already paid to him. Dated: December 13, 2017 Louisiana Respectfully Submitted,
To:
Michael D. Clay, Esq. Law Office of Michael D. Clay PO Box 540784 Houston, TX 77254 E-Mail: michaeldclay@yahoo.com
EXHIBIT A