Lawyer giving false information

[ceceb]

What is the name of your state? Hawaii

I hired an attorney in March to help me get past due child support from my ex who was planning to move to Costa Rica. I gave a check for $1,500 to the attorney as a retainer. He has not responded to any of my emails, or letter sent certified, for him to quit. My son is now 20 yrs old and past due amount is $29,000.

Here is the letter I've sent to attorney by email (5/16), certified mail (6/2) and regular mail. I have recieved no response from him except for updates to my case. The last one I got a laugh because he said my ex's wages were being garnished. This is not true as he is self employed and was living in California. He left last night for Costa Rica and we have settled with the help from Hawaii's CSA.

Here is the letter I sent him with the details:

"I_m writing you to terminate your services. I am not satisfied with your service and you have misled me. You have also not done as I asked. You have caused me much distress and loss of sleep with your ignoring my emails asking for an update and requesting information from you. Emails dated: 4/2/07, 4/6/07, and 4/12/07.

On April 12, 2007, after requesting information from you and not getting any response, I contacted the Attorney General_s office and the Child Support Agency to get my answers. I was given the passport person at the CSA and was informed that there would be no _block_ on my ex-husband_s passport. The only thing that may have happened was if he tried to renew his passport, he would not be able to do so. But, because of my son_s age, this will not even happen at this time.

You had told me in the very beginning the opposite. I even have it in an email dated April 2, 2007, from you that _CSEA still says that they confirmed with the State Department that he has a block on his passport._ Also your email on March 20, 2007 said, _I received a letter from the passport coordinator, telling me that a block had been sent to the State Department. Because of your e-mail, I'll call him again. If he left, and now is trying to return but is unable to do so, Brian's wife would definitely be calling trying to get him back home. Or in the alternative, she is simply trying to work out a payment plan with you._
Stopping my ex from leaving the country with the block on the passport was the main defense we had against my ex. But I have found out through my own research, the current law has no effect on him at all due to my son_s age.

Next, you supposedly had him served in California for the court date. I_ve seen no paperwork on this and I know he has never been served. The plan we had discussed was to send a letter to him before ever having to go to court. We were going to try to settle out of court. You were going to send him a letter. I had asked you about this emails sent on 4/2/07, 4/6/07, and 4/12/07. I received no response from you regarding my request. I did not want to pay for you to go to court. That was not my plan we discussed.

I_m currently in the process of working out the money with my ex-husband with the help of the Child Support Agency. They called him and explained about the law going into effect this coming fall which will revoke his visa when he_s in Costa Rica. That one phone call was all I needed to get my ex to call and work out the money.

Giving you a retainer for $1,500 was a total waste of money. I expect you to refund my money which I would have been way better off giving to my son who needs it." (end of letter)

I plan to go to small claims court and hopefully get my money back. Do I have a chance?I feel I got taken by this attorney.

Thanks and sorry this is so long...

[Ohiogal]

If he earned any of the money from time spent on your case you will not get that back. If you have a fee dispute you most likely have to go to arbitration through the local bar.