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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114797
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a Divorce attorney that has been giving me bad advice

Customer Question

I have a Divorce attorney that has been giving me bad advice so he can ghargeme More money..
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: I didn't get to finish..I already paid him 50,000 plus im still paying im to fecieve my ex husbands pension and i was to receive it on Oct 1 Nov1 the latest he is charging me another 10,000 and holding back the filing to squeeze more money from him..I got the mortgage omn my home that the court awarded..I had to pay my attorney 15,000 out of that and he is threatening to put a lean on my home im 100% disabled in live in Kiowa colorADO eLBERT COUNTY..tHANK-YOU
JA: Has anything been filed or reported?
Customer: hE THREATEND TO STOP REPRESENTING ME BACK IN AUGUST THEN DECIDED HE WOULD HELP WITH THE PENSION I DID NOT KNOW HE WAS BILING ME FOR what i thought was included in my fee..I called the courthouse to speak to my judge but was told he can no longer represent me if i file a complaint.Im terrified he will retaliate on me..I have a dog hospice and i need help please
JA: Anything else you want the lawyer to know before I connect you?
Customer: My banker, my ex husband and best friend know what he is doing to me and i have no more fund to hire another lawyer..Chris Tomchuck is my attorney from SLBTW..mr. Tomchuck, my lawyer, I had to refi my marital home before Nov.15 2016or the home would have been put up for sale..My banker, Tomchuck and i had a 3 way call and THreatend me and my banker to hold off on the mortgage when i was already approved in june not to go thru with this mortgage because he demanded 50,000 from the refi and to wait for the pension my mortgage company backed out and i had to go elsewhere i believe he is puporsly holding paperwork back so i cannot rceive the pension that im intitled too. I went to another broker and closed on my home Oct..5 if i was to listen to my attornys advice i would have lost my home and my animal would have been put down..During my divorce this law firm NEW i was disbled and only able to make payments of 300 dollars amonth until more money camew in..I have a letter from him APPROving the monthly payments with his signature...
Submitted: 5 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is your specific question for us about your situation?
Customer: replied 5 months ago.
I want to know if i have a lawsuit for unethical practices..
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.

You have at least a claim that you can file to the state bar office of disciplinary counsel if he is not doing his whole job in completely and competently representing you. You also could, depending on the terms of your written fee agreement with him, have a suit against him for malpractice and breach of contract as well. In a divorce action, while the attorney is entitled to pay for the hours they work in accordance with the fee agreement, they also have a duty to completely settle the divorce and marital property issues, including pensions and if he did not do so this could be malpractice and breach of contract.