Attorney/Client, Attorney misleading client

[Kim Knight]

I am in a very serious situation thru lack of communication from my attorney who I have known for ten years and is representing me in other on going legal action and I don't know what to do. I closed out my business two years ago. Last fall a suit was entered against me for a debt incurred by my ex-partner. Even though it was not my bill, it was in my business name and I was willing to settle with the company. I had one notification of the pending suit for $2200. by regular mail. I went to see my attorney who said she was familiar with the other attorney and would contact him and make arrangements for a settlement, I agreed to $1000 to $1500. Three weeks later we were in court on another matter and she told me to go and answer the complaint and deny everything. She only had the docket number with her but not the judges name but sent me to another court house and said all I needed was the docket number. I was in three court buildings that day and everyone wanted to know the judges name in order to help me. They kept sending me to another building to try there and the last building there was no one there, the building was under construction. I called my attorney that afternoon and told her what happened, she said not to worry she would take care of it and again asked how much I wanted to pay to settle and again I said $1000 to $1500. Time past, the holidays were here and then she went to Florida in January, I was leaving in February and my husband spoke with her and said there was nothing happening and she would speak with us when we returned from Florida. In March, three days after our return, I discoved that my bank account had be emptied by the lawyer, court and company that was suing me. Apparently I was to be in court on March l, (I was away) and on March 13 the money was taken from my account (not a lot but all that was there). From October of last year I had heard nothing from anyone about this matter. I assumed that my attorney was waiting to hear from the other attorney as to acceptance of our settlement offer. I immediately tried to contact my attorney and continued to do so until today, by mail, registered mail, mail left at her office and phone calls. Her secretary said that she was very tied up in court, I sent a letter beging for her to at least call me. This morning she spoke to my husband as said there was nothing she could do. She said since we had not made an offer, we had to accept the judgement!!! My husband who is up in years did not know what to say to her, he was shocked and came to me and told me what she said. Even the letter I sent her on April 5 of this year asked her why she didn't notify me if they had not accepted our settlement offer. Now she is trying to say we didn't make one. My Question is, is it legal for me to contact the other attorney since I just received a registered letter from him to contact him if I contest anything as far as the money taken out of my account. The cost of the suit is now $2600 + dollars. And I want to know, did she in fact contact him at all...and was a settlement amount discussed? Did he send notice of the court appearance to her? No one notified me of the court date, if they had, I certainly wouldn't have been in Florida! My attorney is lying to me now by saying that we did not offer a settlement and she knows she is. I believe she forgot and is now trying to cover her tracks hence the reason she has not answered my calls or letters in over a month concerning this or any other matter. No, I do not owe my attorney any money, in fact as a customer of my business she owes me money! What recourse do I have and is it ethical for me to call the other attorney and just ask why they did not accept our offer? Then can I reveal what I have found out about my attorney? I am really in the middle of this situation. I can not even open a checking account until this judgement is paid and I surely don't want them to come and take other things from me. I have no way of knowing if they will attach my husbands and my personal accounts in another state. My business was in the state of New Jersey. Please someone advise me. Thank you.

 

[JETX]

I suggest you take the following steps (the sooner the better).

1) Go to the original court and tell them you want to substitute yourself in place of the 'Attorney of Record'. Depending on the court, this could be a very simple matter of merely advising them in writing, to a formal removal process.
2) While you are at the courthouse, ask to review the court file. Make notes of what correspondence was delivered to your attorney (in your behalf) and what responses she might have made. This will give you a good factual basis for any further claims, and also let you know what happened on your case and when.
3) Once you have replaced the attorney with yourself (you are now Pro Se or Pro Per, meaning representing oneself), you can contact the other side without any problems.
4) Depending again on where you are, most jurisdictions require that the creditor make timely notification of the debtor of any garnishment action (required to seize your bank account). See if you (or your attorney) received notice and its timing. If you were not notified correctly, or for other statutory reasons, you might be able to challenge the bank seizure and get your funds returned (if not too late).

Finally, after all this is done, contact your State Bar Association and file a complaint with their Attorney Grievance (or equivalent) Division. (You might also send a copy of your complaint to the attorney. That usually gets some pretty good attention.)