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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 32720
Experience:  JD, 17 years legal experience including family law
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Hi, when I acquired my attorney, I had informed him of my stiuation

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Hi, when I acquired my attorney, I had informed him of my stiuation (married for 15yrs, no children, own a home, and two cars; discovered my husband having an affair. when I confrontede him, he abandon our home leaving me with all the own onpaid bills). I had expressed, that all I wanted was husband to pay for monies that I had paid for bills and the mortgage in which,he promised to pay. I had also went filed my own claim at the court house when my husband did not keep his word, but my attorney ignored my filing. I continued to push to ask the attorney my possiblities for assistance to get my husband to at least pay the mortgage until the home was sold as well as funding for the unpaid bills. i told the attorney that was all I was seeking in this matter. As the case grew, I ended up losing my home because it fell into foreclosure my March 2010. My husband's attorney threathen to file a outer suit. These threats my attorney ignored dragging this case into an unneed battle. Since my home fell into foreclosure, the only asset was my petition, our cars, and some art work. Thus, my husband had spent more than half of money I had pulled from my 401k, our 2008 tax return, we were being sued because he had left an abandon car in our driveway, as well as, unpaid home association fees. These were all the things I was asking for a part of my attorney fees. I hired my attorney in Sept 2009, by July 2010 my case had not made it to court, but my attorney was billing me for 13000.00; prior to this bill I had alreday given him $8000.00. In the month of May, I had complained about my bill, I stressed on several occassions with this attorney, that I was falling deeper into debt and I did not want to this case to get to a point where I was deeper in debt yet, I did not want to want to him preforming services where I could not afford to pay him. I had asked for my bill several times prior him scheduling a deposition, but I never got a bill until the deposition was over. The attorney never informed me how much it cost me to subpeona records or individuals to be at the deposition. The opposing complained that my attorney was accumulating unneed charges that was costing me as well as her client unneccessary charges. The opposing counsel, continue to professed this throughout the case. For this entire case, the only thing I gain was my $8000 petition but my attorney walked away with $37000.00. When the case was tried, he convinceded me to settle. This conversation was done before final closing. He had informed myself and my family who was present that after my husband pays $4000.00 and he credits me $4,000.00 no more than $5000.00. After court the attorney had my bill ready to go the very next day, but throughtout my case everything that I had asked for it, I was told that they did not have it ready. My trial was scheduled for Sept 30th, prior to goiong to court, I had several calls from the attorney and his paralegal asking me to but money towards my August bill $11,244.00 (by this time I had already paid him 10000.00). I had brought $3500.00 to his office prior to going to trial. When I received the bill there was nothing showing on his invoice where my money was put towards the balance. As of today, I have ask the attorney to deducts this from the balance, as well, as keep his word regarding my complete and final bill of $5000.00. He has refused to do this, and has told me that I must pay the full balance in order for him to credit me the $4000.000. He has ignored my rquest to speak to me, thus he claims I have another bill for October. I feel this attorney has taken advantage of me. Please assist me.
Submitted: 4 years ago.
Category: Family Law
Expert:  Tina replied 4 years ago.

I am an attorney and will strive to provide you with legal information to assist you but cannot give you legal advice, represent you, or enter into an attorney-client relationship through this open forum. Do you accept these provisions as well as Justanswer.com's disclaimer?

Please respond with a Yes or No to continue. Thank you.

Customer: replied 4 years ago.
yes
Expert:  Tina replied 4 years ago.
Thank you.

This type of conduct by the attorney should be reported to the state bar association. If you believe the attorney breached any ethical obligations to you and was acting out of self-interest the state bar is the one who can investigate your complaint and even take disciplinary action against the attorney, including disbarment.

Here is the link to the complaint form:

http://www.courts.state.md.us/attygrievance/faq.html

The facts you have provided do not indicate that the attorney engaged in professional malpractice since they are permitted to make judgment calls, so that reinforces the suggestion that the state bar is the proper authority to report the matter.

Best regards,

Tina

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Customer: replied 4 years ago.

Hi, here were no children involved, I was seeking assistance, but a limited divorce. I had asked the attorney to settle with the opposing counsel on the folowing:

 

1) the defendant (my husband) pay part of my attorney fees

2) forgo my petition

3) my for the law suits that were pending against us since the defendant had left an abandon car on our driveway causing the causing county to sue us.

4) Pay for the suit issued by our home association due to nonpayment (the defendant inform the association that he was going to pay but didn't)

 

Again the opposing counsel was consistenly protecting her client from all the charges my attorney was causing. I even asked my attorney to be mindful of my budget, yet he never did so upon my request. I pleaded with his office several times that I did not want to have a bill that I couold not pay. I had threaten that I would call the opposing wcounsel after his office continued to harrasse me about giving him money towards my balance three days prior to going to court. When I had given his firm money prior to going to coourt, the money that was given was not deducted from the balance.

 

What about the attorney's statement that my complete bill after the trial should be no more than $5000.00 after the deductions. Yet he is making me pay $15245.00 before crediting me the $4000.00 he stated he would deduct from the balance.

 

Please advise,.............

 

 

 

Expert:  Tina replied 4 years ago.
I'm not sure what your question is here from the above facts. These are items that should typically be reported to the state bar association so they can investigate if the attorney will not resolve the matter to your satisfaction.

That is normally your sole recourse, and one that should provide some leverage for you since the attorneys license in good standing would be put at risk.

Take care.
Customer: replied 4 years ago.

Sorry, I am so upset. I had already paid this attorney $20000.00 prior to going to court. It is common for a limited divorce (no children and only $8000.00 of retirement) to cost $37000.00 I have tried to contact the attorney about resolving this outrageous bill, but he will not contact me. He has only stated that I must contact his paralegal about the bill. He does not want to acknowledge what he told me in court prior to settlement about my final bill.

Expert:  Tina replied 4 years ago.
I agree. It sounds like an extraordinary amount for a rather simple divorce and if he agreed to credit your account $4,000.00 then he should do so without further conditions.

I understand why you would be upset and probably would have fired the attorney long ago.

I sincerely XXXXX XXXXX you can get this resolved, even if that requires going to the state bar.

All the best to you.
Customer: replied 4 years ago.

He has given me 5 business to come and sign a payment agreement. His paralegal was requesting that I pay $1000.00 a month to get the balance paid off. I had informed her that I could not pay that amount, because I so behind in my other bills.

 

Again, the attorney does not want to acknowledge that he had told me that my final complete would be $5000.00. What should I do about this, since he will not acknowledge it.

 

Should I sign an agreement of $15245.00 when the bill is incorrect and it does not reflect where I have any money that should have been deduction from the current balance that was prior to going to court?

Expert:  Tina replied 4 years ago.
No. Do not sign such an agreement you know to be incorrect as he would then have it as evidence to refute your allegations if you file a complaint against him with the state bar association.
Tina, Lawyer
Category: Family Law
Satisfied Customers: 32720
Experience: JD, 17 years legal experience including family law
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Tina
Tina
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JD, 17 years legal experience including family law