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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117375
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My first Attorney was given 44500 retainer, we went to court

Resolved Question:

My first Attorney was given 44500 retainer, we went to court and the judge ruled on Child Custody and Child support also on post. sep. monies.My attorney never had the judge sign it either order. What repercussions do I have legally. He also did not inform me that my husbands business depreciation, and equip. expenses were able to be added back into his income. He also wrote a reply on the original sep. agreement that was not accurate? What can I do legally..... could I ask for some of the retainer back?
Submitted: 8 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 8 years ago.
This is malpractice. You need to start by filing a complaint with the State Bar's office of Disciplinary counsel. Next you need to send him a demand to correct his mistakes or that you will file suit against him for malpractice. In that letter you also need to demand the name of his malpractice insurance carrier and if he refuses, this is another complaint you can make to the disciplinary counsel. You can ask for the retainer back, but chances are he is going to refuse, which means you will have to sue for malpractice.

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