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    jjerdan's Avatar
    jjerdan Posts: 3, Reputation: 1
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    #1

    Jan 13, 2011, 03:19 PM
    Frivalous lawsuits
    My fiancee's son's father has filed papers to gain custody 2 times without following through. She went to the first court appointment and then he just didn't pursue it anymore. We are out 3000 on a retainer for a lawyer. At what point would this be frivalous lawsuits or whatever it might be called?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jan 13, 2011, 05:48 PM

    Hello j:

    You can call it frivolous now if you wish. But, if your question is, can you sue him for the legal fees you're out, the answer is no.

    If he files another suit, you can certainly let the court know about the other two when you ask for a dismissal.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 13, 2011, 06:11 PM

    Also "retainer"? Normally on a retainer it is money held in account and used toward services. The attorney will give you a itemized statement and return any money not used.
    jjerdan's Avatar
    jjerdan Posts: 3, Reputation: 1
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    #4

    Jan 14, 2011, 02:47 PM
    Comment on excon's post
    If it continues, is there a way to prevent him from doing it?
    jjerdan's Avatar
    jjerdan Posts: 3, Reputation: 1
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    #5

    Jan 14, 2011, 02:49 PM
    Comment on Fr_Chuck's post
    If I understand it right, the lawyer switched practices. The lawyer either did not take the retainer with him or he did not practice that area of law anymore. The office he was at would not honor the retainer,maybe. It was a few years ago.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Jan 14, 2011, 04:19 PM

    Hello again, j:

    If he files again, you can ask to have the case dismissed WITH prejudice. That means he can't file another one.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Jan 16, 2011, 02:59 PM

    If you paid for legal services which you did not receive you can report the Attorney to your local Bar Association.
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