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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 31580
Experience:  JD, BBA Over 25 years legal and business experience.
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My daughter got divorced in February. Her attorney filed contempt

Customer Question

My daughter got divorced in February. Her attorney filed contempt charges against the former husband because he did not declare all of his assests--my daughter was never notified of this. Her attorneydoes not call her back. Divorce fee was stated in the witness of three people that her fee for the divorce was $3,000 and no more. Tracey was told by the paralegal that it was only for the retainer. She has really loused up this case by her own doing and my daughter is about ready to break. Any answers?
Submitted: 9 months ago.
Category: Legal
Expert:  Tina replied 9 months ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your daughter's difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

The attorney is now charging your daughter more than the $3,000 because of work your daughter did not agree to?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 9 months ago.

She is charging no only for the contempt charges that she never notified my daughter about, but other charges--such as $250 for reading a 2 letter from the ex-spouses atty. I have a copy of this, plus all the other charges. My daughter wants to kill herself! This attorney will not return phone calls. This attorney forgot to put things in the divorce papers, yet she told us WE WON!! You got everything you asked for. I have a 9 page letter that I have ready to send to the Grievance Committee, but have not done it yet. We do not have the extra money she is bilking us out of. My daughter does not work because of physical condtions and I am on pension and ss . I am trying to take care of 4 people and I can't do it!

Expert:  Tina replied 9 months ago.
Hello again and thank you for providing this additional information. Both of you sound very stressed and I certainly understand why this situation with the attorney is exacerbating your stress.

The attorney's failure to communicate would typically violate their ethical obligation to your daughter, their client. In addition, the attorney's promise that the total charge would typically be binding and additional charges would not be warranted without the client's authorization.

A complaint should typically be filed with the Office of Disciplinary Counsel as they can investigate and take disciplinary action against the attorney which should aid in resolving this situation for your daughter. So I would file that complaint promptly.

Here is a link that explains the complaint process if you have not already viewed this information:

http://www.supremecourt.ohio.gov/DisciplinarySys/odc/complaint.asp

I would include in the complaint all facts which your daughter believes may have violated the attorney's ethical obligation to her, including her failures to communicate with your daughter.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Customer: replied 9 months ago.

I also forgot to mention that this atty only showed up for court one or two times throughout this whole mess. She sent her other partner all the other times. We were told that she had other things scheduled. Shouldn't my daughter have been her first priority?

Expert:  Tina replied 9 months ago.
Hello again,

It is not uncommon for partners to share docket schedules and cover for each other, but if this practice compromised your daughter's case, then it may involve an ethical violation as well. Yes, clients should be an attorney's first priority and the ethical rules require that the be given priority over competing interests.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Tina, Lawyer
Category: Legal
Satisfied Customers: 31580
Experience: JD, BBA Over 25 years legal and business experience.
Tina and 8 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

I am totally, 100% satisfied with the answer that got. I am working on the paperwork today and hope to get it out next week. Thanks so much! I will let you know of the outcome. By the way, I called the lawyers office and explained to the secretary that my daughter was on her last straw--so depressed,not eating etc. I asked her to PLEASE have the atty. call her, but no phone call yet. Talk about being disillusioned!

Expert:  Tina replied 9 months ago.
You are very welcome and I look forward to hearing from you regarding the outcome of her complaint. If the Office of Disciplinary Counsel finds that negligence was involved which affected your daughter's case, there may also be grounds to pursue a malpractice case against her attorney.

Good luck to you and your daughter! Take care.

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