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In my opinion Mr. Payton failed to properly advise as to the proceeding and cost of the case and repeatedly assured us that we were on track for trial and on budget only to find out that 60 days before trial the case was not ready as he had not deposed a single witness. Even though our agreement specifically provided he was not allowed to bill beyond his retainer he did so and then refused to return our file after withdrawing from our case. In the end we had to sue him for malpractice.
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