Attorney misrepresentation - legal recourse - please help!

[shechrissy]

What is the name of your state? Wisconsin

I thought this might be a good area to post these questions, as I am unsure which area of law it pertains to. I am asking this question on behalf of the other party in my family law case. He is the respondent and father of my children, and he hired an attorney to keep his legal rights in mind while guiding him through any agreement we may come to together.

Unfortunately, his attorney filed motion for a discrsionary change of venue on his behalf, which was to be heard during a previously-scheduled status conference.

The attorney told her client that both parties would ask for a 30 day extension to finalize the custody change agreement and so he could get his taxes ready for the child support agency to review. That was the impression I was under, also. But the attorney got the change of venue (due to in the interest of justice) despite my protests and advocating for the respondent during the status conference. Neither the respondent or I are happy with the way things have been going or the court's decision. If the respondent had been present at the status conference, he would have stated he did not want the venue changed, and the attorney would not have been granted her venue change.

Now the respondent would like to fire his attorney and make her change the venue back to the county that it was in before she came into the picture without him being charged for her mistake.

How do we make a complaint to the Wisconsin Bar Association?

What laws may this attorney have violated, if any?

What recourse do we have if she refuses to cooperate with his requests to "fix" the problem she made?

If we both need to hire an attorney together to fix this situation, which area of law would this pertain to?

Thank you.

 

[calatty]

Filing for change of venue is not a violation of the law or misconduct. Why is this getting you so exercised?

 

[shechrissy]

I do not think the act of requesting the change of venue was wrong, I think the way the attorney went about it was wrong. She did not inform her client about what a change of venue was and she did not explain to him how the process would work (ie. how much it would cost him, the downfalls (travel expenses, missing so much work, etc.)), and I believe she mislead him in their conversation on the day before the status conference. She told him that both parties would agree to request a 30 day extension, and that was the understanding we were all under. If I had known she was going to still pursue the change of venue, I would have conferenced the respondent into the conversation myself and asked him to tell the judge his position. His position is: "I don't care where the venue is, I just want whatever is easy for you and the kids," which it now is not because of the venue change decision.

Isn't there something wrong with the way she went about it? Because now her client is not happy, and neither am I, and we want things to go back to the county they were in.

The problem with changing the venue is it is a huge inconvenience to both parties and the children involved for these main reasons...

1. Child care: I have a severely disabled son who requires skilled care from someone firmilar with his needs and behavior, and we would also need child care for our two younger children. In the origional county, where I used to reside, I have several family members willing and able to provide us childcare free of charge.

2. Travel time and expenses: Court proceedings are scheduled in conjunction with medical appointments, so it is not an inconvenience for us to travel back to the origional county. Also, the respondent will now have to travel 3.5 hours (instead of 1.25) from his work area to attend any court proceedings.

3. Future residence: Both the respondent and I are expecting to permanently relocate to the area of the county in which venue origionally was held.