Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > COURTS, LAWYERS & LITIGATION > Legal Ethics & Lawyer Malpractice
Reload this Page Can I get my money back?

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 12-14-2005, 06:10 PM
Junior Member
  
Join Date: Nov 2005
Posts: 2

Can I get my money back?

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.
  #2  
Old 12-14-2005, 06:49 PM
Senior Member
  
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
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.
__________________
There are two rules for success:

(1) Never tell everything you know.
  #3  
Old 12-16-2005, 03:48 PM
Senior Member
  
Join Date: Apr 2002
Posts: 9,180
File a complaint against him with the county or state bar association.
  #4  
Old 12-17-2005, 12:39 PM
Senior Member
  
Join Date: Oct 2005
Location: Tennessee
Posts: 3,783
Send a message via Yahoo to acmb05
Quote:
Originally Posted by lynlou2ll
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.
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?
Last edited by acmb05; 12-17-2005 at 12:41 PM. Reason: addition
Reply

« Previous Thread | Next Thread »


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Linear Mode Linear Mode
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 10:59 PM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top

IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.
FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.