Can lawyers sign off on documents in place of there clients??

[loadmaster]

What is the name of your state (only U.S. law)? CA

Hello All,

I was hoping to get some guidance. I had hired a law firm to represent me in a child support/custody case. After awhile I noticed I would have a different attorney show up to represent me in court, each one knowing less about my case than the previous one. Then I received the notice regarding what my monthly support would be. I was suprised by not only the notice(was unaware we were at the stage of the proceedings) But the amount was unattainable for what I made. After bringing this to the law firms attention I could not get any answers. I then went to the court clerk to see my file and found numerous documents that I had never seen that were signed off by an attorney even the document agreeing on the amount of monthly child support. I know I never discussed this amount with anyone at the law firm since there would be no way I could afford it. I have since filed the paperwork and the court reduced it to an amount more inline with my income. My question is: Is that comman practice for attorneys to sign off on documents without my consent. Or by me having hired the law firm to represent me I have given away that consent? Thank you.

 

[BigMouthWino]

What is the name of your state (only U.S. law)? CA

Hello All,

I was hoping to get some guidance. I had hired a law firm to represent me in a child support/custody case. After awhile I noticed I would have a different attorney show up to represent me in court, each one knowing less about my case than the previous one. Then I received the notice regarding what my monthly support would be. I was suprised by not only the notice(was unaware we were at the stage of the proceedings) But the amount was unattainable for what I made. After bringing this to the law firms attention I could not get any answers. I then went to the court clerk to see my file and found numerous documents that I had never seen that were signed off by an attorney even the document agreeing on the amount of monthly child support. I know I never discussed this amount with anyone at the law firm since there would be no way I could afford it. I have since filed the paperwork and the court reduced it to an amount more inline with my income. My question is: Is that comman practice for attorneys to sign off on documents without my consent. Or by me having hired the law firm to represent me I have given away that consent? Thank you.

NO. That is ABSOLUTELY not a common practice. Unless you gave your attorneys power of attorney and told them you wanted nothing to do with your case most attorneys would want something in writing from the client (at a minimum an e-mail) prior to signing any binding documents on their behalf. This is very strange.

You might consider contacting the managing partner of this firm and tell them you are considering a state bar complaint if they do not refund a portion of your attorneys fees.

 

[ecmst12]

It is common for your contract with a law firm to include POA to sign stuff on your behalf, but it's NOT common for them to do so without consulting you.

 

[Mass_Shyster]

Unless you gave your attorneys power of attorney

Ummm.. that comes with the job.

 

[loadmaster]

NO. That is ABSOLUTELY not a common practice. Unless you gave your attorneys power of attorney and told them you wanted nothing to do with your case most attorneys would want something in writing from the client (at a minimum an e-mail) prior to signing any binding documents on their behalf. This is very strange.

You might consider contacting the managing partner of this firm and tell them you are considering a state bar complaint if they do not refund a portion of your attorneys fees.

Thank you for your response. Should I contact by phone or a letter? I didnt get very far when I tried to discuss my displeasure by phone, however my previous letter had seemed to get there attention. I guess I answerd my own question. Now some arrears had accrued before I was able to get the monthly support lowered, Is there something I could do as far as presenting to the court these findings or is it going to be a he said she said thing? Thank you again

 

[loadmaster]

It is common for your contract with a law firm to include POA to sign stuff on your behalf, but it's NOT common for them to do so without consulting you.

Thank you for your response. Is there something I could do to show proof that I was not consulted? Is it a he said she said type of thing? Thank you again.

 

[justalayman]

Now some arrears had accrued before I was able to get the monthly support lowered,

this is obviously not something that just happened.


What are you trying to accomplish? It appears you already have had your CS reduced. What else are you looking for?

 

[ecmst12]

I would review your contract and set up a meeting in person to discuss the problem.

 

[loadmaster]

this is obviously not something that just happened.


What are you trying to accomplish? It appears you already have had your CS reduced. What else are you looking for?

At the time the attorney signed the paperwork I was only able to pay half the monthly support payment. So I started to accrue arrears on what I was unable to pay. Now with interest compounded there is no way I can pay those off. Now I just received a notice from the DMV that my license will be suspended because of the arrears. Can I go to court and plead my case to the judge to prevent this and show there was no way I could have ever afford that amount. I talked to CSS and they told me that unless I could put $1,000 towards it there is nothing they can do. I also have an issue that I have to pay the other partys attorney money since my attorney did not get requested documents to them in time. I cannot go to family court to get my visitation rights changed til I pay that $$$.

 

[BigMouthWino]

At the time the attorney signed the paperwork I was only able to pay half the monthly support payment. So I started to accrue arrears on what I was unable to pay. Now with interest compounded there is no way I can pay those off. Now I just received a notice from the DMV that my license will be suspended because of the arrears. Can I go to court and plead my case to the judge to prevent this and show there was no way I could have ever afford that amount. I talked to CSS and they told me that unless I could put $1,000 towards it there is nothing they can do. I also have an issue that I have to pay the other partys attorney money since my attorney did not get requested documents to them in time. I cannot go to family court to get my visitation rights changed til I pay that $$$.

You can file for another modification based on your current income and circumstances, but you will still owe what is in arrears. If your attorney truly signed the order without your consent and it was not in your best interest you can try a state bar complaint and consider suing the attorney for malpractice to recover your funds. A damage award; however, might be limited to the interest on what you couldn't pay, not the money that was designated for support of your child, although it's possible you could win the whole thing.

 

[justalayman]

At the time the attorney signed the paperwork I was only able to pay half the monthly support payment. So I started to accrue arrears on what I was unable to pay. Now with interest compounded there is no way I can pay those off. Now I just received a notice from the DMV that my license will be suspended because of the arrears. Can I go to court and plead my case to the judge to prevent this and show there was no way I could have ever afford that amount. I talked to CSS and they told me that unless I could put $1,000 towards it there is nothing they can do. I also have an issue that I have to pay the other partys attorney money since my attorney did not get requested documents to them in time. I cannot go to family court to get my visitation rights changed til I pay that $$$.

Ah, so you did not attempt to change the order retroactively but merely modify the existing order.





I have to wonder why you have much in arrears since you did say this:

Then I received the notice regarding what my monthly support would be. I was suprised by not only the notice(was unaware we were at the stage of the proceedings) But the amount was unattainable for what I made. After bringing this to the law firms attention I could not get any answers. I then went to the court clerk to see my file and found numerous documents that I had never seen that were signed off by an attorney even the document agreeing on the amount of monthly child support

what kind of a time frame are we talking here

when was the original order entered

when did you find out what it required

when did you file to modify the order

when did you review the file and discover the issue you are asking about (lawyers signing on your behalf)

I cannot go to family court to get my visitation rights changed til I pay that $$$

.who told you that?

 

[loadmaster]

Ah, so you did not attempt to change the order retroactively but merely modify the existing order.





I have to wonder why you have much in arrears since you did say this:



what kind of a time frame are we talking here

when was the original order entered

when did you find out what it required

when did you file to modify the order

when did you review the file and discover the issue you are asking about (lawyers signing on your behalf)

.who told you that?

I did not know I could file retroactively. About 12-14 months between the time the order was entered and I received it in the mail and when I got it modified. When I contacted the law firm when I received the order they could not answer why the order was entered. Thats when I went down to the court clerk pulled my file.

I was told that by the judge in family court. I went to a custody hearing and when I tried to get custody modified I was told about this judgement.

 

[loadmaster]

You can file for another modification based on your current income and circumstances, but you will still owe what is in arrears. If your attorney truly signed the order without your consent and it was not in your best interest you can try a state bar complaint and consider suing the attorney for malpractice to recover your funds. A damage award; however, might be limited to the interest on what you couldn't pay, not the money that was designated for support of your child, although it's possible you could win the whole thing.

Thanks for the input. Would I have to hire an attorney to do that? Sounds like something that could drag on as well. I just want to do whats fair. But I am getting the feeling this will never happen.

 

[BigMouthWino]

Thanks for the input. Would I have to hire an attorney to do that? Sounds like something that could drag on as well. I just want to do whats fair. But I am getting the feeling this will never happen.

The longer you wait the more you will owe. I suggesting consulting with another law firm that can tell you whether what the first firm did was improper based upon your retainer agreement with them.

 

[loadmaster]

The longer you wait the more you will owe. I suggesting consulting with another law firm that can tell you whether what the first firm did was improper based upon your retainer agreement with them.

Yea thats what I will do. Thank u.