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Thanks for your question and good evening.No it's not.You aren't getting what you thought you paid for here.You hired the lawyer as you state based on his/her experience and you aren't getting that.You have the right here to insist you want the original lawyer or the right to terminate here and have the balance of any retainer and your client files returned..This is the kind of thing that should be a deal breaker for you.Either they remedy this matter to your satisfaction or you terminate the law firm here and see new representation.Remember these guys work for you.If you aren't getting the person and the service you expected then they need to correct it or you can take your business elsewhere.
I can understand your frustration.You expected a level of experience and preparation for your case and you have not gotten that.You should advise them that this arrangement is not acceptable to you.
I am so sorry that you had this happen.This is really a common sense thing.This amounts to bait and switch.You have the right ot let them know it is unacceptable and to demand they resolve this or you have the right to terminate them here.
You can locate a new lawyer here if you decide to make a switch..
You can make a lawyer complaint here and also they have fee arbitration if they give you problems refunding any unearned retainer.You also can seek return of your files as well.
It has been my pleasure to assist you tonight.If you have more follow up please let me know.Thanks again.
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This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.
Let me know if you have more follow up I am still here.
What happens if the unqualified person has done work and they will not return the retainer as they are saying it was used up by this persons charged time?
You would file a complaint here with the state above and also you can seek fee arbitration over this issue.Certainly you did not get what you were promised.
If I hire an attorney for their specific expertise and they pawn me off on a less experienced person in their firm. Then that less experienced person makes errors that screw up custody time..can I sue them for at least the amount they charged to get me back to a reasonable place as benchmark of the cost I feel it will cost me to fix what they screwed up?
Generally you would sue here for legal malpractice since they did not provide the appropriate level of professional service.It might also be breach of contract as you were promised one lawyer with experience and you got a different lawyer with insufficient experience.Certainly you were harmed here.You can also file a complaint here with the state.You can locate a malpractice lawyer here.
New Jersey has a six-year statute of limitation on legal malpractice. This means you have six years from the time of the malpractice to file a civil claim/suit against the lawyer.So you still have time to pursue this matter.
Thanks for the follow up.Good luck with seeking recovery for all that you have been through.If you can leave a positive rating it is always appreciated.