ComplaintsforBayard, P.A.

• Initial Complaint

  06/24/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  This complaint was initially filed on May 23, 2023. I am attaching the initial complaint letter mailed to Bayard Law along with our correspondence and the Bayard Client Scope of Work. This correspondence includes our explanation to Bayard Law regarding our expectation versus our experience with the attorneys involved. As stated, I am filing this complaint with the Better Business Bureau and the Delaware Courts Office of Disciplinary Counsel. The resolution I am requesting is the remaining refund of my $3,000.00 retainer equaling $2,200.00 for failure to to represent me as requested.

  

  Business response

  07/06/2023

  Business

  Most Recent Message

  Date Sent: 6/5/2023 5:40:56 PM
  We have responded to the complaint of the former client in a letter to the former client, which is a privileged communication that cannot be shared with the BBB.

  
  

  Customer response

  07/06/2023

  Better Business Bureau: I have reviewed the response made by the business in reference to my complaint and have determined that this does not resolve my  issue.  For your reference, details of the offer I reviewed appear below. **In order for the bureau to continue to assist you, you MUST provide your view on the matter or your complaint will be closed as answered. I was unable to respond on the BBB site, but i am including the response we uploaded to BBB, attaching the letter we mailed to Bayard Law.   If you need me to respond on the BBB website the page would have to be reset so I could enter the information.   I am including the response here though:Dear Mr. ******,I am responding to your letter dated June 2, 2023, regarding my complaint with your firm. After reading your response, it is apparent to me that I was unclear about my concerns. My concerns are less about what and how a QDRO works, as I am familiar with the process, and more about how information was relayed between me, the client and your attorneys. I hope that this letter will clarify some of the things I had written and that you will be able to answer some of the questions I am presenting at this time.I am trying to explain the differences between my expectations and my experience with this particular situation.I am going to begin with the scope of work your firm provided me with on November 11, 2022. The very first statement is as follows:“1. Client; Scope of Representation.You are our client in this matter. We are engaged to advise and represent you in connection with QDRO assistance. The opposing party is **** *****.”During the Zoom conference, it was discussed that I would be hiring your firm because of the need to speak directly with Discover and figure out what terms or correct language would be needed to make the corrections they were requesting with their denial to me in 2019. Ms. ******** explained to us that ultimately, it was Ms. *****’s issue. She told us that I could do another QDRO, but that Ms. ***** would need to sign it. I expressed that I was not interested in fixing what she should have done years ago. (A QDRO had already been completed back in 1994, was not prepared properly by attorney **** ********** and could not be used by Discover Card Services to pay out the portion of my pension to Ms. *****). In addition to that information, I repeatedly asked Ms. ******** legal based questions such as: Does a 29-year-old QDRO still have any legitimate law behind it when it was never prepared correctly by **********? Do 29-year-old QDROs expire? Does Discover Card Services have a legal right to withhold my pension? Ms. ******** advised me that she was going to contact Discover Card and get the details on what the issue was holding up the QDRO and the pension payout.On 12/6/2022, I was billed for “Review various QDRO correspondence; Research Discover pension; Email to Alight QO Center.”On 01/04/2023, I was billed for “Finalize letter to QO Center, phone call with QO center regarding QDROs, and draft letters to QO Center.”On 01/20/2023, I was billed for “Finalize faxing letter to QO Center requesting copies of documents”.While I do have an email from Ms. ******** explaining what she is billing for, I am interested in more specific information about the results and responses of these emails, phone calls and letters, such as who was spoken with at Discover Card or QO Center, especially since I’ve since been informed by **** of the Executive Office of Customer Advocacy, that they had no knowledge of Bayard Law being involved in resolving the issue.On 01/06/2023, I responded to Ms. ******** reminding her that I did not wish to assist Ms. ***** is resolving the QDRO. I also rejected her suggestion that I “do nothing and see what happens when Iretire”, due to the full payout being in 2029. I continued with those same legal questions about Discover holding my pension, restating that “I am really pursuing how to legally end this QDRO issue and do not trust time to resolve this. Are there any legal requirements they could be held to if we must wait until then?” to which I did not receive a response from anyone.Fast forward to late January/early February 2023, where I have been informed that I will be needing major spinal surgery and removal of a tumor that is likely cancerous. On 02/07/23, I emailed again asking for updates and that we may need to expedite this process, which was forwarded to Ms. ******. I also responded with another email directly to Ms. ****** answering the same questions that Ms. ******** had asked back in early January. I also shared information on the QO website and questioned if it was related, but Ms. ****** responded with the same information Ms. ******** had told me that I would have to draft the new QDRO and get Ms. ***** to sign it. I feel that none of my legal questions were answered, I was just presented with the same information over and over.By February 8, 2023, fearing a terminal illness, upcoming major surgery and given no other options to receive my deserved pension to hopefully have an income while out of work, I agreed to have your law firm prepare the QDRO.As expected, Ms. ***** did not cooperate with the signing, so I pursued obtaining the pension through other means (BBB). When I received any responses, I made Bayard Law aware and asked for advice to which I received no response to my emails. As I mentioned in my previous letter, I feel I did what I was expecting your firm to do for me, secure my pension.Your firm not only misrepresented itself but has now put my pension in jeopardy with NO CAUSE. I am demanding my complete fee returned immediately.June. 2, 2023 Regards, Complaint ID: 20232343      

  

  Business response

  07/28/2023

  We understand that the complainant has rejected the offer to mediate the fee dispute with the Delaware State Bar Association Fee Dispute Conciliation and Mediation Committee. We will not be making a full refund as he demands, and we have nothing further to state at this time, except that if the complainant becomes open to proceeding before the Committee, we will make ourselves available with the appropriate window of time. We will make no further replies to complaints on this subject matter made through the BBB. 

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