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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26697
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I hired an atty in 3/12 after my ex wanted to stop child support.

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I hired an atty in 3/12 after my ex wanted to stop child support. My dtr turned 21 in Jan 2012. I wanted him to help with college expenses. The atty stated it was an easy case and he would have to help. That was the only time I spoke with her. Our court date was in June and I live 2 and 1/2 hours away. I called constantly for over a week to get info on what I needed to bring for court and to find out what to expect. She never once returned my calls. I finally got a call on the morning of court from her assistant telling me what I would need which I did not have because I was now in town. Just before court I finally met with the atty and she stated she "just looked at my case last night" and the law states that I needed to file for secondary education before the 21st b.d. We went to court and she did a very poor job of presenting as there was no defense. As we sat in the chairs waiting for our case she was using very foul language with me and my daughter. After court she stated it would be a week or 2 before we would know the decision. I called several times to try to get the judgement and never got a call back. I even called the clerk of courts who sent me back to my atty. Finally my husband drove down and picked up the judgement himself in Aug and it was of course decided in June and I lost and was expected to pay my ex 2500.00 by Aug 1. As soon as I got this judgement I sent payment to my ex. I paid a 750.00 retainer fee to this atty. I asked for an itemized list and of course have never received anything. Now I have received an order to appear in court on contempt charges because I did not pay my ex on time. I believe I have a case against this atty and would like to know if I'm right. I believe she should have to pay my fees for retaining her as well as the 2500.00 because if she had told me in the 1st phone call I would not have pursued any further. I also missed 2 full days of work to travel and attend court. I hired her because I do not know the law and feel I was mis represented. I am also considering turning her into the Atty General. Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question and I'm sorry for your trouble.

 

Based on what you've told me, it certainly sounds like your attorney failed to keep you informed of your case, which is generally a violation of the attorney's rules of professional conduct.

 

The first thing you should do is file a bar complaint against the attorney with the Indiana Judicial Branch Disciplinary Commission: http://www.in.gov/judiciary/discipline/2373.htm. You can get the form online.

 

It is likely that when you file the complaint, the attorney will try to reconcile with you. If not, you can allow the process to run its course.

 

You can also sue the attorney for legal malpractice, but that may not be necessary if the disciplinary hearing resolves the matter.

Customer: replied 1 year ago.


Thank you! Is there a time limit to do this process?

Expert:  Roger replied 1 year ago.
The statute of limitations to sue for legal malpractice is 2 years. I don't see a limitation on for a bar complaint, but it's likely the same length or shorter.

If you want to act, it is best to do so as soon as you can.
Roger, Attorney
Category: Family Law
Satisfied Customers: 26697
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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