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Q: Attorney responsibilities and accountabily/child custody motions ( No Answer,   3 Comments )
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
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.
There is no answer at this time.

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:
Good luck, sounds like you're going to need it.

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