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Danno
2024.04.05
I had a breach of contract situation with a photographer's company and it was slam dunk in my favor. I had not downloaded all 1,500 images from the third party link they provided during the year and after 12 months they locked down the third party link. They said per the contract we had 12 months to download all images to our computer. I told them no where in the contract does it mention anything about 12 months limit. They would not listen, so I sought out BM&M for legal help. I called and the first thing I was told is that I have to pay $300 to meet with an attorney. I said ok, but it's a solid case in my favor, I just want initiate the process. Doesn't matter first you have pay $300. I said ok and met with the attorney. I presented my case with plenty of e-mail, images of photograph that were pixelated when enlarged, text messages, and a background paper addressing the matter in chronological order- lots of work. The attorney agreed and said clear cut of breach of contract and that a demand letter would be generated to try to achieve resolution. Cost: flat rate of $600. I agreed and it was done. The company replied that they would return all the images to me, but I would have to sign a non-disparaging statement. They didn't even address the breach of contract, so I expected my attorney to tell them that they have no choice. It's a breach of contract and they have to comply. I wanted assertive and aggressive action from my attorney, but instead my attorney allowed this photographer to hijack the narrative and turn it around on me. Now, the photographer and his company are dictating options to me when they're the ones in breach of contract. The attorney, my wife and I did a ZOOM call to formulate a plan and we said no to their clause regarding disparaging their company, not because I was going write bad reviews, but because they forced me to spend money on legal fees. After the second letter, which the photographer rejected. Then things really slowed down and my attorney stopped offering other options except that the flat rate fee was waining and that it would be hourly cost from now on. It definitely arrived fast and it reflected quickly as I couldn't my attorney to reply to my e-mail replies, so I called three, four, five times and every time I was told my attorney was away, on the phone in conference, vacation, etc…. A week went by and then two. Finally, my attorney replied and in no uncertain terms explained that to continue would demand an hourly rate contract and if I wanted to go to small claims court the retainer would be $5,000. This is why my attorney wouldn't reply, it was about getting paid. The flat rate of $600 only provided me with two letters to get resolution. That's ridiculous. What about using lawyerly skills to put this company in their pack and getting them to admit their wrongdoing. All the evidence was there at your disposal in black and white. How did I get from a solid case to paying $300 per hour and $5000? I know why, my attorney allowed this photographer and his company to take over. My case was too small for BM&M and I should've know better based on some of the reviews.As my neighbor suggested, I should've gone with a local attorney who is hungry and aggressive.
We're sorry about the experience you had with our firm. We work hard to provide great service to all our clients and it's disappointing that we didn't live up to your expectations in this case. We'll take your feedback to heart and use it to improve our processes in the future. We appreciate you bringing this to our attention.