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Subject:
Attorney responsibilities and accountabily/child custody motions
Category: Relationships and Society > Law Asked by: tzuberp-ga List Price: $50.00 |
Posted:
09 Aug 2006 10:51 PDT
Expires: 08 Sep 2006 10:51 PDT Question ID: 754333 |
In 11/99 my now ex and I separated, with 2 boys - 3 yrs and 3 mos. In 2000, we divorced. In 2002 we had the final custody hearing and my ex received custody and I have visitation and pay support. The reasoning was that she had remarried (to a local cop) and they had a child, while I was still unmarried and had had to relocate 80 miles away due to work. Through the years, I have suspected benign neglect on her part and abuse by the step father. They are now separated (spring 2006) and she has moved 30 miles away and has a new boyfriend. I saw an attorney, Stephen Brackett, in January 2006, paying him $300.00, asking if he would take my case for a new motion. He said that a motion should be filed before the fall, 2006 school year began. He said his retainer was $5000.00. By May 1, I was able to take the $5000.00 to him, gave it to his receptionist/secretary and was required to sign a restrictive contract. One of the stiputlations was that I was not to contact his office, when he had information for me, he would contact me. It has been 3 months and I have not heard from this attorney. Two weeks ago I called his office (the new school year is very fast approaching) and his receptionist/secretary told me that if Mr. Brackett needed to talk with me he would call me and I was not to call back. I am furious and frustrated. What is my recourse? Do I have a recourse? To have a lawyer to whom I have paid %5000.00 and cannot talk with and he never communicates with me, sounds like embezzlement of my money plus malfeaseance on his part, are my feelings. Please advice. Thanks. |
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There is no answer at this time. |
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Subject:
Re: Attorney responsibilities and accountabily/child custody motions
From: dasaini408-ga on 10 Aug 2006 11:33 PDT |
Are you sure you cannot contact the lawyer. Read the contract carefully. I have had a lawyer tell me he cannot contact me after the consultation, and I must call him if I want his services. |
Subject:
Re: Attorney responsibilities and accountabily/child custody motions
From: neilzero-ga on 11 Aug 2006 10:26 PDT |
Lawyer, boo hiss. It is unlikely you can recover any of your $5000 and it may be next school year before the "new motion" gets results; perhaps not the results you want. Generally it is much less costly to attempt reasonable child custody rules directly with your ex , bypassing both lawyers and courts. How do you feel when someone sicks a lawyer or judge on you? Neil |
Subject:
Re: Attorney responsibilities and accountabily/child custody motions
From: byrd-ga on 24 Aug 2006 19:59 PDT |
I am no lawyer, but I did spend over a decade working for and with lawyers. This, i.e. lack of action on your behalf, combined with refusing/forbidding contact after taking your money, sounds like very questionable behavior to me, though each state's ethics rules are different, so it's hard to know from state to state. Still, if I were in your shoes, I think I'd contact the local or state bar association, give them the information you've posted here, as for a steer to your state's ethical practices law for attorneys, and/or ask how to file a grievance against an attorney. You can find a list of state/local bar associations here: http://www.romingerlegal.com/natbar.htm Good luck, sounds like you're going to need it. |
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