case dismissed, client lives abroad

[ammie]

I hired an attorney to take care of a child support case.
Since the first contact I explained me and baby live outside the US.
14 months after hiring the guy, we had the trial and it was dismissed.
He did not even tell me why, he is gone, doesn't answer my emails.
I do suspect that the fact of he not properly applying for whatever is to allow me not to got to the trial (have no visa) is the answer.

I wrote him asking about having my retainer back since he did not delivery the job I payed him for (only apply for child support and make sure we were all set to go to the trial, including my absence or who knows what else should be done to make sure I would let the Judge take her decision and have the right to have a judgement).
Of course he did not reply.

Am i too crazy to think I deserve to have my money back if the case was dismissed because he was completely careless with the situation?

Can I sue him, if he doesn t reply me anymore?

Thanks

 

[OHRoadwarrior]

It appears he attempted to represent your interests. You have not provided any reason as to why it was dismissed. I suspect in part it was because you were not there, with the child. That is not the lawyers fault.

 

[LdiJ]

I hired an attorney to take care of a child support case.
Since the first contact I explained me and baby live outside the US.
14 months after hiring the guy, we had the trial and it was dismissed.
He did not even tell me why, he is gone, doesn't answer my emails.
I do suspect that the fact of he not properly applying for whatever is to allow me not to got to the trial (have no visa) is the answer.

I wrote him asking about having my retainer back since he did not delivery the job I payed him for (only apply for child support and make sure we were all set to go to the trial, including my absence or who knows what else should be done to make sure I would let the Judge take her decision and have the right to have a judgement).
Of course he did not reply.

Am i too crazy to think I deserve to have my money back if the case was dismissed because he was completely careless with the situation?

Can I sue him, if he doesn t reply me anymore?

Thanks

You could sue him, but you would have the same problem that you had with your previous suit for child support. You are not able to be present for court, and you need to be able to be present. In addition, the cost of hiring an attorney to sue him would possibly be higher than what you could gain.

However, the US and some other countries do have treaties regarding child support. Those treaties make it possible for child support agencies in other countries, to work with child support agencies in our country, without having to involve a private attorney. You might consult with the child support agency in your country to see if such a treaty exists and if you can receive help that way.

 

[TheGeekess]

You could sue him, but you would have the same problem that you had with your previous suit for child support. You are not able to be present for court, and you need to be able to be present. In addition, the cost of hiring an attorney to sue him would possibly be higher than what you could gain.

However, the US and some other countries do have treaties regarding child support. Those treaties make it possible for child support agencies in other countries, to work with child support agencies in our country, without having to involve a private attorney. You might consult with the child support agency in your country to see if such a treaty exists and if you can receive help that way.

She is in the UK, according to her other thread.

https://forum.freeadvice.com/child-support-98/child-support-uifsa-living-uk-584737.html#post3106541

 

[LdiJ]

She is in the UK, according to her other thread.

https://forum.freeadvice.com/child-support-98/child-support-uifsa-living-uk-584737.html#post3106541

I know we have treaties with the UK regarding child support.

 

[latigo]

I hired an attorney to take care of a child support case.
Since the first contact I explained me and baby live outside the US. 14 months after hiring the guy, we had the trial and it was dismissed.
He did not even tell me why, he is gone, doesn't answer my emails.I do suspect that the fact of he not properly applying for whatever is to allow me not to got to the trial (have no visa) is the answer.

I wrote him asking about having my retainer back since he did not delivery the job I payed him for (only apply for child support and make sure we were all set to go to the trial, including my absence or who knows what else should be done to make sure I would let the Judge take her decision and have the right to have a judgement).
Of course he did not reply.

Am i too crazy to think I deserve to have my money back if the case was dismissed because he was completely careless with the situation?

Can I sue him, if he doesn’t reply me anymore?

Thanks

As a resident of the United Kingdom you would have not better luck trying to sue the lawyer than you had in presenting a claim for child support to a state court in the United States.

If the U. S. lawyer to whom you paid the retainer did indeed file a claim for child support with a state court in this country, it was professional misfeasance on her part, if not having knowingly committed an act of criminal fraud by taking our money under false pretenses.

In either case you are entitled to be reimbursed and her conduct thoroughly investigated, the means of which I will explain latter.
________________________

Your application for support from a father residing in the United States should NOT have been initially filed in a United State’s State court as you have indicated. (That is, if she did in fact file the lawsuit.).

There exists between the United Kingdom and the United States a reciprocal agreement for the international enforcement of child support. I know little of it except that where the father resides in the U. S. and you in the U. K. you needed to submit your application with the justices’ clerk of your local U. K. magistrate court. Not in this country.

The justices’ clerk should be familiar with the process and I suggest that you pay that office a visit.
__________________

Next you need to make communication with the state bar association of the state where this lawyer supposedly filed the lawsuit. They will provide you with a form of complaint in which you can explain your grievances over the way you have been professionally mistreated.

And believe me the attorney will not similarly ignore responding to questions from the ethics committee of the state bar asking her to fully explain her conduct. Her professional livelihood could be on the line!

Good luck and please keep us posted.

 

[ammie]

Found out about UIFSA while ago... now makes much more sense on my situation. This is what amazes me! How can a lawyer not know what he is doing! I sent an email to the lawyer, explaining my view that he did not delivered the job he was hired for and for pure lack of knowledge, so I incurred on high expenses, my baby's father doesn't talk to me anymore, he s applying for child support here (which is 1/4 of what he supposed to be paying following FL guide lines...)... he did not reply either sent me whatever he got from the court that day.

to make worst: I hired another guy few weeks before the trial for 7500 because he is specialized on international family law, the only reply I got is that he is sick. So I asked for his statement of what he had done on my case... got nothing! I am so luck, no?

I am taking a look on the forum to see what else we have about UIFSA

 

[ammie]

can't access the other thread... did not want mix the 2 situation...

anyway, really sue the guy is not my idea. i could not even finish the child support issue. the last thing I need is another problem. I got the email from the FL bar. Don t even know what to tell them!

still mad with the fact that any one, even who is not a lawyer knows that he should not have filed anything from the USA, that there is no excuse for not be present in the case I started...

at least with the custody, seems that we are doing ok here. hearing last week, father said he is not fighting for that. all we need is the birth certificate w his name (he refused to register him, and now accuses me of leaving his name out of the document intentionally). now he demands an american bc! I argue that he asked for the custody and if a birth certificate is a proof of citizenship, my boy is not going to US as a citizen, or maybe he ll never come back. he insists that is easier since it can be done in the embassy...

 

[ammie]

it is getting worst!

now, the ex-husband wants attorney fees!

because since the I filed the paternity petition, I knew that I could not be in the trial. and after he asked for the custody in US, I asked for it where I live. Now he says I planned to do it 1 month before the trial just to have some advantage (what???!!) on that!

This is what I mean: I told my lawyer that I could not go. I said him about the lack of jurisdiction to determine custody. he just did not acted right!