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LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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I hired and attorny in the state of TN in July 2007 to get

Customer Question

I hired and attorny in the state of TN in July 2007 to get me a divorce. He represented me until Feb 3rd of this year 2011 without sucessfully getting me a divorce and resigned from representing me based on me not being home to let in an apprasser my spouse wanted for our home. Even though I already had an apprasial! Problem being that my previous lawyer was hired with the aggrement of a $2500 fee because divorce was contested during the years he contined even though he was not pursueing the case he threatened to drop me if i did'nt pay more. So out of multiple payments equaling $7300.00 after withdrawing he IS sueing me for $6500.00 saying i owe him. I have a payment to him on which i wrote on the check to COMPLETE divorce and on another payment his secretary came into his office and wrote again that this would be the payment to complete divorce or to go to appeal court. I wrote the board of responsibility and they do not think that this situation falls under any violations of there rules and says it can not be appealed. I received a supena for a court date where he is taking me to court May 10,2011. Please advise me how to proceed. I do not have the money nor do I owe it.
Submitted: 3 years ago.
Category: Legal
Expert:  LADYLAWYER replied 3 years ago.

LADYLAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.

LADYLAWYER :

If the TN BOPR will not get involved with this issue, you are going to have to present your case in court. You may want to consider a counterclaim against this attorney.

LADYLAWYER :

A counterclaim is a claim by a defendant opposing the claim of the plaintiff and seeking some relief from the plaintiff for the defendant. A counterclaim contains assertions that the defendant could have made by starting a lawsuit if the plaintiff had not already begun the action. It is governed by many of the same rules that regulate the claims made by a plaintiff except that it is a part of the answer that the defendant produces in response to the plaintiff's complaint.

Customer:

on what form or in what mannor is a counter complaint submitted to the court as to be recognized.

LADYLAWYER :

Where in TN are you located? There may be other avenues you can pursue with your local Bar Associations as well.

LADYLAWYER :

A counter claim is going to be filed just like the plaintiff's complaint was filed against you.

LADYLAWYER :

It is going to look very similar to the plaintiff's complaint but will contain your particular allegations against the palintiff and ask for your own relief.

Customer:

it was stated to the court in a letter from the attorney that he had represented me for less because i was a single mother and have limited funds. and that he would only bill me for supposed underpayments if he had to continue to represent me! I think that he did not complete case and i was overcharged and that he is intentionaly harraseing me. i still had to hire another attorny to complete my divorce it is still pending.

LADYLAWYER :

You will also have to file an answer to the plaintiff's complaint, which can be filed in the same document as the counter claim. Preparing an Answer/Counter Claim in difficult and can be very technical. I would not recommend doing this yourself, but if you don't have an attorney, you're just going to have to do your best.

Customer:

I am in Grundy Co TN 60 miles west of Chattanooga

LADYLAWYER :

I understand. This is not uncommon.

Customer:

why did the bopr step down from it and say he did nothing wrong i gave them all the proof.

Customer:

if all i currently have is a supena where is the complaint? i have not seen it.

LADYLAWYER :

There is a very fine line and of course, this association is run by attorneys, so they are going to side with the attorney unless the evidence is so clear cut that they cannot do so.

LADYLAWYER :

That is a good question.

LADYLAWYER :

You cannot be subpoenaed unless there is an ongoing case.

Customer:

if the letter he gave the judge says he will only bill more if held in case and two receits state that he was paid to complete divorce does he have a case against me?

LADYLAWYER :

Is he perhaps subpoenaing you in the divorce case to talk to about the fee issue?

LADYLAWYER :

If so, he is not allowed to do this.

LADYLAWYER :

If you look on the subpoena, what does it say about what case this is for?

LADYLAWYER :

I believe you can get this case against you dismissed, if there even IS a case.

LADYLAWYER :

Chattanooga Bar Association
The Pioneer Building
Suite 420
801 Broad Street
Chattanooga, TN 37402
(423)(NNN) NNN-NNNN/p>

LADYLAWYER :

That is who you can contact with regard to the fee dispute.

LADYLAWYER :

Also, did you sign a contract with him for his representation of you?

LADYLAWYER :

That may say something about an arbitration or mediation and then the court would definitely dismiss the action.

Customer:

yes i signed a contract with it saying there was a $2500 fee payed and then it stated how he billed.

LADYLAWYER :

Does it say you must mediate or arbitrate for any disputes between him and you?

Customer:

supena says general sessions court broght by russell l lenord for amount due in attorney' fees by contract in the amount of 6500.00 and for post judgement interest court costs and attorney fees necessitated by this action

LADYLAWYER :

But what action? That is what we are missing here.

LADYLAWYER :

There needed to be a complaint filed and if there was one filed, it is like you didn't get served with it.

Customer:

thats all it say on the subpoena nothing else and i read contract says nothing about mediation or arbitration.

LADYLAWYER :

One cannot just file a subpoena without an underlying court case. So at this point, you need to contact the General Sessions Court Clerk and ask if there has been a lawsuit filed against you.

LADYLAWYER :

They will tell you.

LADYLAWYER :

If so, you are going to want to file a motion to quash the subpoena based on the fact that you were never served with the lawsuit.

LADYLAWYER :

I think we are going to need to pick this conversation back up tomorrow after you have found out this information.

Customer:

just says civil summons is where the above was written on subpena under it is judgement and order with nothing in either place.

Customer:

how do i contact you tomorrow after finding out this information?

LADYLAWYER :

You are just going to sign back on and come right back to this thread.

LADYLAWYER :

I will leave everything open for you.

Customer:

i will get you tomorrow also by just signing on?

LADYLAWYER :

You will sign on and then click on this thread. You will still have it available to you. I will be online most of tomorrow from about 10 am on.

LADYLAWYER :

Could I ask you to do me a favor though and accept my answer so I can get credit for helping you today? It is the end of the month and if you wait to accept the answer tomorrow, I will not get compensated until May 1st. Accepting does not charge you anything further and I can still leave the question open with no problem so that we can continue our conversation. I know you have been burned by this other attorney, so I hate to ask you this, but I think you will see from my feedback that I always follow up with my customers. :)

Customer:

this lawyer did mulitiple things that would be considered unethical however my big concern is not having a lawsuit against me at this time i am still currently going through divorce court hearing with child support division because my ex has never attempted to pay. and a trial for ex spose violatited oop both criminally and civil. this lawyer knows all this and has the unmidigated gall to add to it. I do not understand. I unfortunatly think he represent my ex or hopefully soon to be ex instead of me. I am so very aggrevated and saddened.

LADYLAWYER :

Lawyers, for the most part, are only concerned about their botXXXXX XXXXXne and nothing else.

LADYLAWYER :

There needs to be a healthy balance.

LADYLAWYER :

He cannot rep your ex. This is a conflict of interest and you can get the court to rule against this if he tries.

LADYLAWYER :

Also, this attorney knows you have so much on your plate right now and that is exactly why he is suing you right now.

LADYLAWYER :

He is probably just hoping to obtain a default judgment against you (if he hasn't already) so you really have to find out about this lawsuit.

Customer:

he did represent him actuall while i payed him more or less he talked to him and emailed him. for two and half years my husband was in a TN state prison apon being released he contacted my attorney and continued to contact him for many months. my attorney even ask me if he could call my home to speak to our minor child knowing it would violate oop.

LADYLAWYER :

You could have challenged his withdrawl at the time, but it is too late now.

Customer:

he also tryed to aggree to accept money from my spose to do a legal seperation not a divorce.

LADYLAWYER :

Did you tell the BOPR that?

Customer:

i did challange it i put a request to docket i made myself because no other lawyer would help me at the time until the judge let me go from representing me.

Customer:

let him go excuse me

Customer:

yes i told them that sent them the info certified

Customer:

through mail

Customer:

it's crazy i want my cases out of this area district so very badly how do i do that?

Customer:

can it be done?

LADYLAWYER :

Okay, well the judge still has the final say. I am not sure what was submitted or how anything has been worded, but representing your ex without your permission is not allowed and is a clear violation of ethics.

LADYLAWYER :

No, that is not possible.

LADYLAWYER :

Unfortunately.

Customer:

the only proof would be my sposes testimony and mine and he and i are not on talking terms.

LADYLAWYER :

But the violations by your attorney need to be addressed again with the board. They don't need proof to at least open an investigation. Again, I am not sure how you worded things or what was made known to the Board, but I would be happy to work with you on that tomorrow after you find out about the case.

Customer:

i think the entirety of this system is curropt from my personal experience there is no way this whole series of events could be occureing if it was'nt! 4 years to get a divorce and then my ex sent it to court of appeals to get it ruled invalid because although divorce was granted property was not settled. amonst other things that have happened in the corse of this case. it's unbelievable and crazy.

LADYLAWYER :

I would agree with you here from what you have told me.

LADYLAWYER :

It is hard for me to comment on everything simply because I haven't looked at any documents or read any transcripts, but from what you have told me, I completely agree with you!

Customer:

ok so quash the supena by request is that all i have to do because i know as a fact i have not received notice of a case against me.

LADYLAWYER :

I don't want you falling through the cracks anymore and am happy to help you with this for as long as you need me.

LADYLAWYER :

Once you quash the subpoena and if you find out that there is some sort of judgment against you, then you will have to move the court to have the judgment set aside based on the fact that you never even got served.

Customer:

i will accept the payment as i believe u have tryed to help me and i appreciate it and am in great need of help!

LADYLAWYER :

If the court grants that, then you will file a motion to dismiss the whole thing.

Customer:

u are in chatt?

LADYLAWYER :

Thank you. It is really up to you. I just thought it may not hurt to ask since we only get paid once a month here. :) Yes.

Customer:

is that right?

LADYLAWYER :

But you don't have to go back to chat to find me tomorrow. You will see the link to your question when you sign on and you can just click on it.

Customer:

do u take cases in your own office or just work this way?

LADYLAWYER :

I have my own law firm and do take cases. But I am not allowed to represent customers from this site dur to a conflict of interest with the site.

LADYLAWYER :

*due

LADYLAWYER :

Wish I could!

Customer:

how long will the link stay open.

LADYLAWYER :

As long as the site exists. :)

Customer:

do u have a sugestion for an attorny who could help me?

Customer:

a referral

LADYLAWYER :

I would recommend any family law attoneys from www.martindale.com. I would also recommend the civil law attorneys from there if you need help with your old attorney.

Customer:

it is a comfort that i can come and ask u and represent myself better through knowledge. i need that desperately and will come back tomorrow to tell you what i have found but with this mess i do not think i can do all of it alone in the court room.

LADYLAWYER :

Well, I am very happy to help you for as long as you need it. I agree that you shouldn't try to go this alone, but if you don't have the money, you don't have the money. Educating yourself as best you can is key!

Customer:

yes well thank you for the information so far and is there certain times or days that are better to reach you?

LADYLAWYER :

I usually have court in the morning and believe I am in court tomorrow until 10am. It takes me about an hour to get back to the office and get settled, so any time after that would be good.

Customer:

ok well hope u have a good evening and i will speak with you tomorrow. Again thank you :-)

LADYLAWYER :

Sounds good! My name is XXXXX XXXXX What is yours?

Customer:

Sarah

Customer:

under my circumstances i love the name lol. I need Hope :)

LADYLAWYER :

Thanks :) I find that most of my clients do like the name under their circumstances.

LADYLAWYER :

It is nice to talk to you, Sarah. Let's meet back up tomorrow and continue.

Customer:

I understand.

Customer:

Good night and ttyl.

Customer:

To accept i must cancel chat so now I'm going.

LADYLAWYER :

Okay, Sarah. Thank you very much!

LADYLAWYER :

Goodnight to you too!

Customer:

The addressed u put in here can I pull our chat back up to write them down or should i do it before i close it?

LADYLAWYER :

Everything will be there when you pull up the chat again.

LADYLAWYER :

You can even print it tomorrow or any time if you want to.

Customer:

ok i wrote it down anyway :) now i'm signing out. G-night

LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
LADYLAWYER and 12 other Legal Specialists are ready to help you
Expert:  LADYLAWYER replied 3 years ago.

Hi Sarah,

 

It's Hope. If you would like to talk here, we can do so. It won't be in "CHAT" but we can still write back and forth.

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