Malpractice - lawyer not present

believerjeff · #1 Feb 7, 2007, 06:16 AM

My client attorney agreement states that my attorney, by name, was to represent me in my contested divorce. We had almost reached a settlement 1 day prior to our court date. That night I realized that a new credit card had been slipped in that wasn't mine. I called the morning of court and my lawyer wasn't present, so another attorney tried to help me argue over this new card. My wife refused to remove it so we tried to file for continuance, then they called and got the judge to not allow a continuance. My attorney told me wrongly that anyone at their firm could represent me and she repeatedly told me my only options were to take the settlement as is or go to court and let the judge carve up all of my assets and risk having to pay alimony. She also repeatedly told me that she wasn't prepared to go to court and argue over every asset because they thought I was going to come in and sign the settlement. I took the settlement about 20min before the hearing because I felt I had no better option. Do I have a case for malpractice since my attorney wasn't present? It also states that in her absence her law firm can't do anything except withdraw from representing me, which they did not do.

excon · Feb 7, 2007, 07:00 AM

Quote:

Originally Posted by believerjeff

My attorney told me wrongly that anyone at their firm could represent me and she repeatedly told me my only options were to take the settlement as is or go to court and let the judge carve up all of my assets and risk having to pay alimony. I took the settlement about 20min before the hearing because I felt I had no better option. Do I have a case for malpractice since my attorney wasn't present?

Hello jeff:

Your attorney suggested you take the settlement. That discussion obviously occurred prior to the court date, so you knew what her position was. She wasn't wrong. Any attorney from her firm CAN represent you, because you hired the firm, not the attorney. So, what does it matter who was standing next to you?? You knew the recommendation of the firm, and you took it.

What, makes you think it was the WRONG recommendation??? IF it WAS wrong, and you can prove it, then you have a case. But, of course, you can't, because it probably wasn't wrong. What??? You'd rather have the judge carve you up?

excon

believerjeff · Feb 7, 2007, 11:43 AM

Quote:

Originally Posted by believerjeff

My client attorney agreement states that my attorney, by name, was to represent me in my contested divorce. We had almost reached a settlement 1 day prior to our court date. That night I realized that a new credit card had been slipped in that wasn't mine. I called the morning of court and my lawyer wasn't present, so another attorney tried to help me argue over this new card. My wife refused to remove it so we tried to file for continuance, then they called and got the judge to not allow a continuance. My attorney told me wrongly that anyone at their firm could represent me and she repeatedly told me my only options were to take the settlement as is or go to court and let the judge carve up all of my assets and risk having to pay alimony. She also repeatedly told me that she wasn't prepared to go to court and argue over every asset because they thought I was going to come in and sign the settlement. I took the settlement about 20min before the hearing because I felt I had no better option. Do I have a case for malpractice since my attorney wasn't present? It also states that in her absence her law firm can't do anything except withdraw from representing me, which they did not do.

I feel it was wrong because I ended up having to take responsibility for a credit card that has never shown up on my credit report, which means it must have been accrued after my legal separation in Oct 2005. What law says I hired the firm if my client-attorney agreement says I hired "said lawyer" of "said firm" and not the firm itself. The agreement even says the firm can only withdraw from counsel if my "said attorney" is not present or able to approve the substitute counsels suggestions. To my knowledge she was not available because I demanded repeatedly to speak to her and was told she was out that day. I ended up taking on $3500 more from that credit card. I ended up paying her way more than "half". I think I can prove that the credit card in question was not accrued prior to our legal separation in 2005 simply because it never showed up on my free credit reports.



At Ask Me Help Desk you can ask questions in any topic and have them answered for free by our experts. To ask questions or participate in answering them you must register for a free account. By registering you will be able to: Get free answers from experts in any of our 300+ topics. Accept money for answers that you provide. Communicate privately with other members (PM). See fewer ads. Sign Up!