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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 19141
Experience:  B.A.; M.B.A.; J.D.
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I just finished a 2 day trial and property trail

Customer Question

I just finished a 2 day trial for custody and property trail from a divorce that’s been hanging out there for 6 years. I hired an attorney last summer to ask for a continuance and if we were granted the continuance he would take the case for a flat fee of $7,500 to do both trial, and OTSC and file sanctions against my Ex-wife attorney. I have asked him to file the OTSC before the trail so the Judge would know that my Ex has violated every paragraph in our First Supplement Decree of Divorce that we signed in 2012. My attorney did not file the OTSC nor the sanctions. Just before trial I I get via email my Ex filed a Motion in Limine stating my attorney did not file Rule 26/26a Initial Discovery nor did he file any pretrial papers -- as such the Motion in Limine as the Judge to not allow us to use any evidence and not allow us to use any of our witnesses. Financially I got beat-up, where I was expecting about $70k, I ended up owing my Ex $17k as I have to pay half of her school loans (4 year marriage). I understand I have a short time to possible ask for a new trial on the property but that might cost me more than the 17K. He is supposed to get the recordings to write up the Judge’s order but I have no faith in him he will do it correctly or fight on some of the controversial orders. I’ve called many attorneys and they all say "OMG - malpractice" but no one wants to sue an attorney. My Questions are
q1. What can I do at this point?
q2. Can I ask for my money back and if he says no, then what?
q3. He still has not filed the OTSC and sanctions for the $7500.00 I paid him but I don't want him to do more work for me, would it be best to let him finish what I paid him for or try and get another attorney and have that attorney contact him regarding a refund?
q4. Any ideas??????Thanks
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 1 year ago.
If you no longer have faith in your Attorney, there is no need to allow him to finish the job. You need to retain another Attorney to complete the case for you. In the meantime, you can send a demand letter to the Attorney for refund of your retainer and state your reasons for your demand. If the Attorney denies your request or ignores you, you can file complaint with the Attorney Discipline against the Attorney for negligence. Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.