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Can I get my money back?

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lynlou2ll

Junior Member
What is the name of your state? California

I retained a lawyer back in September 2005 for custody and visitation of my 5 year old. We had our court hearing today and my name was not on the court docket. My lawyer is now saying that when his office called the court to get a case number the court gave them a number that belonged to someone else with the same name different middle initial and different respondent name. Isn't it the responsibility of the lawyer's staff to ensure they are filing under the right name? I hired a lawyer so that I would have a little less stress but this has turned out to be a nightmare. I want to know if my lawyer should return my money to me because as it stands now nothing has been filed. :mad:
 


seniorjudge

Senior Member
Q: Isn't it the responsibility of the lawyer's staff to ensure they are filing under the right name?

A: No; it is the responsibility of the lawyer to make sure this is done correctly.


Q: I hired a lawyer so that I would have a little less stress but this has turned out to be a nightmare. I want to know if my lawyer should return my money to me because as it stands now nothing has been filed.

A: I vote yes.
 

acmb05

Senior Member
lynlou2ll said:
What is the name of your state? California

I retained a lawyer back in September 2005 for custody and visitation of my 5 year old. We had our court hearing today and my name was not on the court docket. My lawyer is now saying that when his office called the court to get a case number the court gave them a number that belonged to someone else with the same name different middle initial and different respondent name. Isn't it the responsibility of the lawyer's staff to ensure they are filing under the right name? I hired a lawyer so that I would have a little less stress but this has turned out to be a nightmare. I want to know if my lawyer should return my money to me because as it stands now nothing has been filed. :mad:

Ok question here. Didnt they have to file some papers for this before calling the court to get a case number. I mean if they never filed any papers why would they call to get a case number and a court date?

One more: If they did originally file the papers to request a hearing what happened to that case?
 
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