Contract voidable

[Mtbb]

What is the name of your state? AL
After sometime in dealing with a lawsuit over property, we (reluctantly and under duress from our attorney) and the other party(s) agreed to a settlement that would release the houses involved and provide us with a less-than-suitable sum of money.
In the "release" it states that we would release the liens and lawsuit at closing upon the payment of this “sum” from the opposing party (in person).
We would receive the lump sum of money from the opposing party, not the lawyer not the title company, nor any agent, etc.
The closing came and we found out that our attorney and the defendant’s attorney took it upon themselves to have a check made out to our attorney (and to us), not at closing, but two days after closing. We were outraged at the two attorneys not abiding by the terms of the Release. This Release was four months in the making. The terms were very specific. The Defendants were to be at closing and pay us at closing.
When we found out that the closing took place without us being notified and without the Defendants being present and without the prescribed amount of money handed over at closing, we were outraged. Subsequently, we didn't accept the money from the sale of the one house that is in our ex-attorney’s account.
Question: if the opposing attorney, as well as our own ex-attorney, took it upon themselves to not follow the terms of the Release, does that make the Release voidable, or potentially void? Another question: as the victims of this action, can we sue the attorney(s)? Due we have a case against the lawyers? We have lost a lot of money due to this, as well as damages incurred due to the delay. Note: it is very important that the terms of the Release be honored. It is our opinion that the opposing party is guilty of not honoring the contract. This is not the first time they have not honored contracts with us; therefore, we are being very careful to have this one fulfilled as written. When we brought up these points to our ex-attorney, we heard the quote (as explanation for “dropping the ball”), “I meant. . . .”

[stephenk]

was your attorney to be paid out of the proceeds of the check that was made payable to him and you?

The 2 day delay caused what hardship to you?

[Mtbb]

Alabama. It is not so much the delay (which did cause hardship because we had negotiated for months on the terms of the Release and the terms were not abided by) as it was the fact that neither attorney followed the agreement. They totally disregarded what the terms were. All the language, as in any contract, is to be a binding factor. No, the lawyer has not been paid because we are in disagreement of his mishandling of the matter and it possibly jeopardizing of our case. Also, we were not comfortable with the manner in which it was handled and we were very concerned because it was handled in a manner against which we were promised. We have not received our money either because of that fact.

Originally Posted by Mtbb

Alabama. It is not so much the delay (which did cause hardship because we had negotiated for months on the terms of the Release and the terms were not abided by) as it was the fact that neither attorney followed the agreement. They totally disregarded what the terms were. All the language, as in any contract, is to be a binding factor. No, the lawyer has not been paid because we are in disagreement of his mishandling of the matter and it possibly jeopardizing of our case. Also, we were not comfortable with the manner in which it was handled and we were very concerned because it was handled in a manner against which we were promised. We have not received our money either because of that fact.

[url]www.alabar.org/brochures/complaint_brochure.pdf[/url]

A lawyer not following instructions (even though he does achieve the desired result) is committing a breach of his ethical requirements.

If you feel that your lawyer did something wrong, contact the state bar in your state.

If you don't get your money, then you can also file a malpractice suit against your attorney and anybody else you feel has harmed you.

The lawyer handling that lawsuit will want a big pile of dough up front (for obvious reasons).