Screwed bigtime by lawyer

[Spiritless]

VA- I had a simple divorce. No custody battle or battle over property.
I was told that the divorce would be around 3000.00 could be as high as 13,000. if it was lengthy and drawn out. It was not.
I got what I would have gotten if I had not had a lawyer. Half of property and a measly 300.00 in alimony.
They had the check sent to them and took out 13,000. for a divorce that was very easy. I got royally screwed. What can I do about this?
I was lied to and cheated out of money I rightfully deserve. I have no insurance of any kind. I am living month to month. Please help.

 

[ES Counsel]

Your attorney should have provided you a detailed billing statement, explaining how your money was spent in this action. After reviewing that, if you still feel "screwed", you have a couple of choices.

Which ever you choose, your first step should be to contact the lawyer and attempt to resolve your dispute.

If that doesn't work, you can attempt to sue him for overcharging.
You'll need plenty of evidence, and quite frankly, most likely another attorney to represent you.

Your case would be strengthened if some disciplinary action was taken by the VA State Bar as a result of your case. You can take your complaint to them, but keep in mind they will not resolve your monetary problem- their only action is to discipline the attorney if some wrong doing is found.

Another option available is to make use of Virginia's "Circuit Committee on the Resolution of Fees Disputes". This is basically a binding arbitration process that is VOLUNTARY. In other words, both you and the attorney must agree to it. This is most often used when there is a dispute between attorney and client after the bill is presented, but BEFORE it has been paid.

If you've truly gotten the shaft, you have recourse.
But think about it...have you been "screwed", or have you "screwed" yourself? Re-read any and all agreements you signed with the attorney prior to the action. Chances are you only "heard" what you wanted to, and failed to consider what you were actually prescribing to.

 

[Spiritless]

Oh I definitely asked and heard clearly

I definitely asked because I would have never hired this man if I felt he was going to take advantage of me. Plus the cost was with his help. He being one of the top partners in the firm.

Then he turned my case over to one of his employees as he said it would cost me less money. I can't imagine what the bill would have been if he had stayed on the case!!!

Then I ask the paralegal if she was doing most of the work and she said yes. I kept getting repeat copies of the same stupid needless documents.

How do I get in touch with this council you are speaking of?

 

[ES Counsel]

First off, do not be alarmed that a paralegal handled many aspects of your case. This is extremely common in many law firms- while I can't speak for all, their work is normally carefully supervised and a client should not feel that they are being short changed. Quite frankly, most firms with any type of case load could not survive without the work of paralegals.

In addition, what you term as "stupid needless documents" might very well have been what was required by the court. It's impossible to make that determination here, but if it's any consolation, you are not the first to feel that way!

Secondly, I apologize since I apparently was not clear in communicating a crucial point.

I'm sure you asked many things and we're given a "best case" scenario. However, I'd also say odds are you chose to rely on spoken assurances rather than the agreement(s) you signed when retaining counsel.

Again, your first step is to review those agreements, and try to objectively understand exactly what the conditions of the contract were.

If you still believe you have been wronged, contact the attorney, ask for an explanation of his billing, and attempt to work out the perceived injustices.

If you cannot come to an agreement, you might request that he/she submit to arbitration via the Virginia CCRFD.

In the likely event that he/she declines, you could then consult another attorney to review your case. He/she can review your prior billing statements so to provide another opinion on whether you have been overcharged.

IF you can secure an expert (reputable attorney) to testify that you have been overcharged, you might then decide to file suit to recover a portion of the fees.

Again, your chances of being successful in such an endeavor would be strengthened if you can provide that expert testimony, as well as provide a report of disciplinary action taken by the Virginia State Bar with regards to your case. That will only happen if you file a complaint with them, and they do indeed agree with your allegations.

In conclusion, while you do have avenues to seek redress, I once again highly recommend that you carefully review the written agreements you signed with your divorce attorney. As distasteful as it may seem to you, the written word carries a great deal more weight than any verbal assurances or promises you felt you received.

Good luck,

ES Counsel
Brentwood, TN