My lawyer made a mistake and is sueing ME for for it

After the sale of my house in 2005, my lawyer deposited the funds to my bank account. He then sent me an account indicating that the sale was complete, and all fees were paid. Three months later he discover he had overpaid me by $10,000. He called me and aggressively demanded the lump sum back immediately, blaming me for not catching his error and for trying to profit from it. I said I was happy to pay him back, even though I had hired him to ensure mistakes were not paid, but that I would have to do it over time because I had could not pay him such a large amount at once. He accepted three cheques of $150 each and then I sent him a year's worth of cheques. He failed to cash these and 1.5 years after our last correspondance (2.5 years after the original mistake) is demanding the full payment or he will sue me. He wants the balance of the money, plus 10% interest and legal costs by April 30th, 2008.

I don't have it and am considering whether I should counter sue for failure to execute his job professionally. His original account to me held mistakes, and the revised account he subsequently sent, also held mistakes.

Does anyone have any advice? Is he able to do this and get away with it? I was willing to pay him back to the best of my ability, but he rejected it. Should I have to pay for his inability to do the job he was paid for?

Judith

Ask him to document it all and if it is correct you may set up a payment schedule. He cannot charge interest for his error.

Thank you.

I tried to set up a payment schedule, he accepted three payments and then refused the rest. Now 1.5 years later, he wants the full sum within a month.

I would suggest you stick to the payments,

He does not have any real damages or complaint in that case.