Question concerning attorney

[Kevmar44]

What is the name of your state?What is the name of your state? Ohio

Just wondering if there is anyone out there that can help me with this problem. I had an attorney for over a year and a half. During that time he represented me in court against my ex twice. The last time we were to go to court was for custody of my son and I had a very strong case against him when suddenly two weeks before the court date my ex remembered he had spoke to another attorney in the same office. So the matter was brought before a judge and my attorney was removed from my case due to conflict of interest! Now my question is, isn't his office guilty of some kind of negligence for not making sure I wasn't represented by their office before that other attorney spoke with my ex? My ex knew who my attorney was (I went to high school with him) and he knew the firm he worked at. He also knew the firm the attorney he spoke with worked at. I was never given any details about the situation other than the other attorney admitted he spoke with my ex. I don't know when or where. I owe my attorney a great deal of money, most of which was incurred while preparing for the custody case and I don't feel I owe that much considering he was removed due to a mistake on the part of the office. I mean if something like that can happen, shouldn't there be some kind of checks and balance system to make sure the attorney's know who each other spoke with? It was devastating to my case! I ended up having to go to court without an attorney because no one would take it on such short notice. Does anyone have any ideas? My attorney has threatened to take me to court to get payment.

 

[snostar]

I owe my attorney a great deal of money, most of which was incurred while preparing for the custody case and I don't feel I owe that much considering he was removed due to a mistake on the part of the office.

You owe him money for services provided, so pay up! If and when you find another attorney your previous one can forward your case information to your new one......if you pay him!

 

[Kevmar44]

You owe him money for services provided, so pay up! If and when you find another attorney your previous one can forward your case information to your new one......if you pay him!

Exactly...I owe him money for services PROVIDED. NOT for months of preparation for a case that he DID NOT get to represent me for due to negligence on the part of his office to make sure that a situation like this could not happen. It was not MY fault they don't have a checks and balance system set up to make sure you can't have an attorney for almost 2 years that can be taken away from you on some kind of BS. Both attorneys even admitted they knew nothing about the other speaking to me or my ex. There was NO conflict of interest other than my ex fishing for some reason to have my attorney removed from my case. He even billed me for the day he went to court to be removed as my attorney!! None of this was MY fault. I went into this agreement on good faith that he AND his office would be able to represent me to the end, not until a screw up on their part ended it for me. Why is it when I go to court I have to have all sorts of proof against the other person but a lawyer can say "oh well, sorry about your luck, here's your bill. Pay up!" Has anyone out there had a similiar situation?

 

[snostar]

Yes, you owe him for the preparation also, that is considered "services provided." Your ex pulled a fast one and succeed. Re read the agreement you signed with your attorney, I'd bet the possiblity of this situation is covered somewhere within the contract. Just pay him, and he will probably forward all the case information to your new attorney, if you don't then the money you've already spent would be a complete waste.

 

[stealth2]

Yep, snostar's right. The prep work is part of services rendered, and you owe the attorney for it. And then the prep work is done and your new lawyer can get up to speed that much more quickly.

 

[Kevmar44]

So what happens if I didn't sign an agreement with him? I didn't even have to pay him a retainer. I went to him with some questions about how to handle the games that my ex and his gf were playing and it turned into me needing him to represent me in court. I know I owe him the money, it's just frustrating because I already went to court and had to represented myself and unfortunately probably signed off permanently on going back on my ex for all the crap he's pulled the last 3 years and all the money he owes me and has refused to pay. And right now I don't actually need another lawyer for any of the reasons he was going to represent me for. My 13 year old is requesting that I find a way for him to speak to the judge and request his time with his dad be changed. I guess this is just one of those expensive life lessons that I hate so much!

 

[stealth2]

Not having a signed retainer isn't going to let you wiggle out of paying him for the work he did do. That's the long and the short of it. Pay it, and consider it an expensive lesson learned.

 

[Kevmar44]

Ok I know I owe the money. What I want to know is if, without question, is his office/firm in any way responsible for neglegence in not making sure something like this could happen? If you can have your attorney removed with just a word and NO proof, wouldn't this be something that someone should be held accountable for?

 

[stealth2]

The best thing to have done would have been to ask the judge to address that. Sure, you could likely sue them. And spend a sh*tload more money on it.

 

[Kevmar44]

I didn't question it because I didn't know better at the time. The legal system is such a joke! You think by hiring an attorney he is going to make sure he has your best interest in mind only to wind up getting screwed by him instead! Most of all the legal info I know now is from this site and unfortunately I didn't find it soon enough.

 

[SMURFEELAW]

You could attempt to file a grievance with the Bar, but it probably won't go far.