my mom is devorcing my dad.. and well she got a lawyer.. he made us do price checks on things at the house and do all this paperwork, its been three years and he hasnt done a thing bout the devorce... he promised my mom, sister, and me that we will keep the house but he hasnt done a thing. when we went to go have a meeting with him to see whats up he said he was sorry he was just really busy and that hes trying to clear stuff up.... couple months went by and nothing . We tried again to contact him but hes secretary answered and said that he was on vacation.. when we said that we wanted our money back she told us that hnes been tryinng his best and that sometimes he procastinates .. but he does his job.... its been 3 long years and my mom wants her money back so we can use it, to get a lawyer that will do something bout our case. Im trying to figure out though is it possible for my mom to get her money back because she spent alot..... im open for suggestions or any helpful advice.
2006-11-25 11:29:17 · 6 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Dear Question,
While there are respectable lawyers practicing daily, you do not have one of them. There are a lot of signs this attorney is soaking you for the fees. He has already given many clues.
First, a lawyer doesn't promise anything. Property is often governed already by state law in divorce. Even if you had no attorney whatsoever, most states have a "No fault" 50/50 split on assets including your home. In these cases, you could enter mediation even without an attorney and at a considerably lower expense. There you and your ex could use the help of a mediator in dividing assets. This is especially good if custody is not an issue. Many people have successfully divorced in 3 months for nothing more than a filing fee which again, you can do alone. Attorneys often prey on ignorance and you are not alone.
There is an issue of malpractice. This attorney obviously takes on more cases than he can handle or stretches them for all they are worth. Loosly stated, malpractice is the infliction of financial and/or emotional harm due to negligence, error, or bad faith. You are being harmed financially and emotionally by your attorneys actions.
Each state has a Bar Association that polices thier own. You should call your state Bar Association and request a complaint form. Promptly complete the form with all supporting documentation. He must then answer the complaint and the Bar can take action up to and including revoking his license. Too many complaints and an attorney is out of business. Do not be shy about asking for a full accounting of his time and money spent. If the work has not been done, fire him and ask for a refund. If you have been waiting 3 years for a divorce, this guy has done nothing and doesn't have a leg to stand on.
There are attorneys that specialize in Legal Malpractice. Though they often want a $7,500 retainer or better, it may be worth it to get your money back and then some. It is no different than a Dr. who neglected to follow prudent and acceptable service and injured you for life. You must take action within a year or two. If you have to, file on your own behalf in Superior Court (often $250) for malpractice. At least this stops the clock on the statute of limitations for him to get out of this until you can get an attorney.
From what you say, this con man can be put out of business.
Do some research and go to your state legal library. It is often accessible online and you can read for yourself the definition of malpractice, filing fees, etc....
I am only an individual who has been in your place, not an attorney. Educate yourself at the law library and or another attorney and plan your attack. Your getting screwed.
Scorpion
2006-11-25 12:07:57 · answer #1 · answered by ? 4 · 0⤊ 0⤋
First I'm not an attorney, but I've worked with many over the years. I suggest that you contact your state's Bar Association, and file a complaint. Second go to a Legal Aid Attorney, and get his help. These are people who work usually for free, or a small sum. If there is a fee, you'll know up front. I can understand his wanting to get prices for articles in the home, and even the home itself, but three years is a long time, for divorce proceedings.
2006-11-25 11:37:18 · answer #2 · answered by Beau R 7 · 0⤊ 0⤋
First off call the office and le tthem know that you will be contacting the BAR Association and the Better Business Bureau. If that does not resolve anything,t hen go and actually contact these businesses.
American Bar Association http://www.abanet.org/
Better Business Bureau http://www.bbb.org
Most places of business do not want to have to deal with things like the Better Business Bureau. In the case that you do have to contact these association, most likely you will get your problem resolved quickly.
2006-11-25 11:35:29 · answer #3 · answered by Anonymous · 0⤊ 0⤋
legally is yes you can. you can sue that lawyer for not fullfiling the agreement/breach of contract (public law) or also for "decieving"(civil law) you by saying that he can win the house back. or even sue him for both charges. he also has breach the lawyer's etique code (not sure what it is called in english, sry my english is bad) or, you can consult(just consult, doesn't mean to hire him, but still have to pay a little sum of consult fee) another lawyer regarding this case. lastly, if u really want to be sure, directly go to the police station and try to make application to sue that lawyer. but as far as i know as a law student, YES he can be sued. thx
2006-11-25 12:04:46 · answer #4 · answered by Ringo 1 · 0⤊ 0⤋
Um like tell the police!! Tell them that you payed him lots of money and did lots of paperwork but hasnt done anything. They might be able to get your money back.
2006-11-25 11:33:08 · answer #5 · answered by Yellow :) 3 · 0⤊ 0⤋
Good luck with that.
2006-11-25 12:03:54 · answer #6 · answered by upside down 4 · 0⤊ 0⤋