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  #1  
Old 11-17-2004, 07:52 PM
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Is this lawyer malpractice? What can I do?


Illinois family law parentage/custody

A lawyer that my family knew took my case, saying wanted to help me out when he heard about my case. Said he would do everything in my case for a set amount no matter what happened in the case or how far the case went. I paid the lawyer the agreed amount. The lawyer on many different occasions has lacked advocacy to an extent where it seems like the lawyer is in cahoots with the opposing councel.

Judge asks why are police involved in my case
my lawyer lets the defendent off the hook, not telling the judge why the they have to to be involved even though there are several police reports in my case file, and multiple officers willing to testify on my behalf. The judge ends up scolding me because of this.

Judge asks are there any concerns of abuse on two seperate occasions while I was present. My lawyer says no each time the judge asked, even though I have many witnesses, pictures, video, and logs. Further more I was under the assumption that attorneys in Illinois are mandatory reporters. To my knowledge the lawyer has never reported anything, eventhough I have told the lawyer on multiple occasions.

Lawyer refuses most of the time to communicate with me. Never returning my calls. If I am able to catch him the lawyer fast talks, and tries to blow me off.

Lawyer has done nothing with my case for over a year and a half. The case log says case set on progress call about 8 times, and on one date it states that the opposin councel filed a motion. A motion which I was never even told about, and still have no idea what the motion was.

Lawyer knows that there are concerns about abuse, I have logs, pictures, video, witnesses, but still tries to pressure me into settling.

I gave the lawyer a rough draft of a parenting plan over 6 months ago, I have yet to see the final draft of it although my lawyer has supplied the defendent and opposing councel the plan and they have had it for several months now. I told the lawyer I refuse to sign any type of settlement plan withouth the judge knowing my concerns about my child. Still the lawyer tries to pressure me into settlin.

Lawyer did not show up at a court date, leaving me there by myself with the judge.

This lawyer has totally lacked advocacy with my case, talking a good game at first but now leaving me out to dry. The lawyer has held my case up, as I could have taken it myself a long time ago, if he wasn't going to do his damn job. What can I do about this? Is this malpractice? He kept saying he would write up a contract, but never did. I have proof in the payments I made to the lawyer though. What can I do? Any advice would be appreciated.
  #2  
Old 11-19-2004, 05:00 PM
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I see several areas of concern, however the greatest is not this lawyer as of yet. I would think first you need to decide what is best for your case and from what you have been stating you are completely concerned about the results of it in regards to your family. I would first get prepared for what options I have to salvage the case then come back on this issue.
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