lawyer messed up, help

iVillage Member
Registered: 07-06-2004
lawyer messed up, help
4
Sat, 02-26-2005 - 12:00am
My best friends divorce attorney recently dropped her as a client because she lost her job. when we went to her first trial date we learned that the attorney never filed an osc for child support, spousal support or any paperwork for the house he kicked her out of. she was billed for all these. My question is can she still file for them before the divorce is final?
Also can she can get a contiuance to rebutt testimony? any help will be greatly appreciated. I can't find her any legal aide. the ones at the courthouse are only open two days a week and only take 10 cases. she is never early enough.
iVillage Member
Registered: 02-23-2005
Sat, 02-26-2005 - 7:23am
hey
call any universities near you. i found out too late that there is legal aid available (through their law school) through the one near me. they have a family law division that takes cases like that. i dont know how many schools have this, or how many cases they will take, but its worth a try. good luck
iVillage Member
Registered: 03-26-2003
Sat, 02-26-2005 - 10:47pm

I know that it is possible to file a different thing when something like this happens. My first attorney ended up getting disbarred for doing something similar to me, billing me for things he didn't do. He also ended up testifying to his mess ups during the divorce trial. Yeah, great guy. :(

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iVillage Member
Registered: 07-06-2004
Sun, 02-27-2005 - 2:51am
She has been looking also but she has to work and keep her sick days for court appearances. I started law school then couldn't finish because of my divorce (he spent my tuition money) yet. so she knows that i know what look for in research. i've just reached the point where i am stuck research wise.
They have had three court appearances and each time her ex husbands lawyer gets it postponed to afternoon calendar and her witnesses have to get back to work. For the legal aide at the courthouse, they are only there two days a week and they only take 10 cases each session. she has 11th or 12th twice now. There is always a line outside the courthouse and its first come first served.
iVillage Member
Registered: 03-26-2003
Mon, 02-28-2005 - 12:02pm

Then let her try again next time, and go earlier. I agree that if she REALLY wants this, she can make the effort, even if it means camping out at 3 a.m. She has suffered, and it is wonderful of you to help, but there are some things that all of us must take care of ourselves.

With a good lawyer, and good cause (like malpractice) it is possible to overturn a divorce decree. If her story is true, she's got a good case and should try harder to pursue it. However, if there really isn't much to be "won," she may not feel like getting up so early to get the legal aide attorney. That decision is up to her.

And to avoid having the "bad" attorney's bill go into collections, she must dispute it in writing. If she says nothing and simply doesn't pay, she could find herself in trouble a year from now. And if she feels that this attorney's actions really appear to be malpractice, she should provide a copy of her letter to the county bar association.