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I am in Tennessee. I have files for devorce hire an attyorney to file my devorce no contract signed. My attorney never billed me for 1 year. He never got my devorce done an after 13 months I fired him and hire a new attorney to get my devorce. My first attorney mailed me a bill for $4,800.00and file a claim in general session court in the county where his office is located. The devorce papers and I live in another county. Can I ask the judge to dismiss the suit because it not file in the proper venue?
State/Country relating to Question: Tennessee Already Tried: nothing
Good Evening,
Thank you for your question
Improper venue is not fatal to the attorney's case; now if he filed in the wrong jurisdiction that would be a different story and would be fatal to his claim.
You could go ahead and ask the Judge to dismiss it, but the lawyer would only refile his claim in the proper venue. You would be in a much better position to fight his bill if you asked him what he did for $4,800, because he certainly did not get you divorced from your wife and if your new lawyer had to file a Complaint in Divorce, that means the first lawyer had not even started the divorce proceedings.
You have a right to demand an itemized bill for legal services rendered, which would list each date he worked on your case, what he did and the time it took him to do it. The attorney is bound by our Disciplinary Rules and he must furnish you with such an itemi9zed list, otherwise if you complain to the Disciplinary Board, hecould have his License to practice law suspended.
Once you receive his itemized bill, you can dispute the bill; if you feel he did nothing of very little, you can report him to the Disciplinary Board. The Disciplinary Rules governing the actions of lawyers in every state prohibit lawyers from charging unreasonable fees, but not many people realize that they can disput the bill and more than likely will win.
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Thank you and Good Luck!
ANDREA, JD, LL.M., Taxation
Member, NY & PA Bar
DISCLAIMER: The facts stated herein are information only and are not intended, nor should be construed as legal advice or legal opinion and No Attorney-Client relationship is formed by asking questions and receiving information; laws vary from state to state and to protect your interests, you should seek local counsel
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25 Yrs. Family Law, Estates, Real estate & Bus. Law, Criminal Defense, Immigration, Employment Law