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FiveStarLaw
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36403
Experience:  25 years of experience helping people like you.
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I have been using JustAnswer with some good results for several

Resolved Question:

I have been using JustAnswer with some good results for several months now.
Today's question, though, might be a little bit more delicate.

I have been in divorce proceedings for over four years now and several essential items are still not solved. The marital house is still not sold, the divorce itself is still not finished, etc.

During these four years I was able to learn a few things about the family law system in New York state and about how the courts work.

At this point in time, I am quite convinced that my lawyer is performing quite below standard, quite often taking steps or making decisions that are incomplete and that only lead to the additional need of further actions on his part and further legal fees on mine.

Some examples include: failing to file a motion for an order to show cause and giving my spouse lengthy postponements directly against my verbal and written request not to do so and against his own written promise to file such motion by a date both he and I agreed to; followed by additional charges for double time he spent on helping me file that motion almost one month later.

Other examples include my attorney's failure to point out that without asking the court to apoint a receiver, the court will not be able to enforce the sale of the house; and then, soon after he finally did file my motion, my lawyer informed me that we should make an additional motion asking for a receiver; when the judge passed a decision on the motion, the judge also pointed out that although a qualifying offer for the house was in effect and although the court was fully aware of the fact that the house remains unsold, the court was nevertheless unable to enforce tha sale precisely because no request for a receiver was made. And so, my own lawyer failed to suggest to me to request a receiver as part as my motion asking the court to enforce the sale of the house, knowing very well that such enforcement will not be possible based on the verbiage of my motion and then started suggest to me to file yet another motion asking for such receiver.

At that point in time, as soon as we have received the judge's decision on the motion, my attorney called me and insisted at quite some length that I should file an appeal to the judge's decision.

Given the fact that the house is by now under contract (I guess my spouse became more serious after being served with the motion) I did not want to get into that. Nevertheless, my lawyer insisted for a long time, trying to convince me to file the appeal and then charged me his time for being on the phone, although he did not provide any kind of required service.

I will not list here all the wrong things, although they were many: unagreed upon postponements, ordering a deposition of my spouse inspite of the fact that I told him that I fully believe the statements made by my spouse in her statement of networth and several other...

My question is: where, how and what is the procedure for filing a complaint against this attorney for his grossly unethical handling of my case?

I do not want to put anybody on the spot, or to ask anybody for advices that might go against one of their colleagues, but i do believe that my attorney handled my case in an unethical way and I trust you you will give me an honest answer.

I am not asking here for any legal advice! I am only asking for directions and instructions for filing such complaint. Please respond.
Submitted: 1 year ago.
Category: Family Law
Expert:  FiveStarLaw replied 1 year ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Hello and Welcome Back

Thank you for directing your new question to me. Please give me a few moments to read what you have posted
Expert:  FiveStarLaw replied 1 year ago.
Thank you for your patience Adrian while I reviewed the facts.

I agree that the facts seem to point to unethical and/or incompetent representation.

Here is the link for information and to file a complaint with the grievance committee in the appropriate county:
http://www.nysba.org/Content/NavigationMenu/PublicResources/UnhappywithaNYAttorney/Unhappy_with_a_NY_At.htm

I would be glad to respond to any related follow-up questions that you may have.
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36403
Experience: 25 years of experience helping people like you.
FiveStarLaw and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for the link to tghe Ny bar association.

Unfortunately, the web site does not allow me any access.

I can access only the home page, but not the entire link.
I am getting a message saying that I do not have enough credentials.

Could you please advise how can I get into it?

Thanks.
Expert:  FiveStarLaw replied 1 year ago.
I did not realize that the site was restricted. Please tell me what county you are in and I shall provide the information specific for that county
Customer: replied 1 year ago.
Nassau County
Expert:  FiveStarLaw replied 1 year ago.

Thank you.

For complaints other than fee disputes, you will need to write to the Discipline and Grievance Committee appointed by the Appellate Division of the State Supreme Court and explain the improper conduct. Here is their contact information:

Nassau and Suffolk Counties
Grievance Committee for the Tenth Judicial District
150 Motor Parkway, Suite 102
Hauppauge, NY 11788
(631)(NNN) NNN-NNNNbr/>
For fee disputes there is a package that needs to be completed and sent to this address:
Office of the Administrative Judge
Alternative Dispute Resolution Office
Supreme Court, Room 186
100 Supreme Court Drive
Mineola, NY 11501
(516)(NNN) NNN-NNNNbr/>
Packet for dispute regarding fees:

http://www.nycourts.gov/admin/feedispute/pdfs/10thjd_Nassau_disputefee.pdf

It has been my pleasure to work with you

Please let me know if I can assist you in the future by requesting me directly.
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36403
Experience: 25 years of experience helping people like you.
FiveStarLaw and other Family Law Specialists are ready to help you

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