What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? MA
Hello,
I hired an attorney to represent me in my divorce. On the day of my trial
he was totally unprepared for trial.
My divorce was finalized April 4. The case was bifurcated to July 7 to determine the division of marital assets. It was COURT ORDERED on April 4th that "Discovery would conclude by June 18th ". My (former) attorney did not even begin to prepare interrogatories to opposing side until May 26th and gave them 30 days from receipt date to answer. This would've been well after the court ordered deadline date of June 18th discovery was to conclude by to determine the division of marital assets.
I have a copy of the transcript where he even lied to the court, claiming he sent out interrogatories "way back in the beginning of May, May 10th".
I have copies of the the interrogatories which are dated May 26th.
I was also charged for 6 hrs. or $1050 for him to prepare these interrogatories... 6 hrs. seems excessive to me ? He never got the info back so not sure how he can rightfully charge me for work not done or completed? He also charged me 2 hrs. ($350) for the "initial consultation"
after he told me the initial consultation was "no charge". The date on the bill he charged me for this was also before I had even signed the contract with him.
He also states to the court that, "I'm trying this case blindly your honor".
Twice he states this as per transcript. I later learned that opposing side tried to give him discovery answers back but he refused them claiming it was too late! He did not follow my instructions throughout this matter. Several times I asked him to subpoena my Ex's employer and obtain financial statement but he failed to do this. He told me you "can't get blood out of a stone".
I was fully prepared for trial, had spent hours and hours, many late nights preparing for this day yet my attorney was not prepared and talked me into a settlement instead of going to trial. I ended up having to pay my Ex $23,000! I was only married for 3 years (it was an abusive relationship).
We have one child together. We had no joint accounts together, separate chkg/savings accts, etc. I bought my house before I even met him and had receipts of all my mortgage payments showing I paid the mortgage with the exception of ONE month. Out of the 3 yrs we were married, he was out of the house for 6 months due to a restraining order.
The judge ended up allowing info. we had never seen or reviewed. $24K were receipts from Cape Cod Lumber which did not pertain to my house. I had $10K worth of cancelled chks from Home Depot from when I had my kitchen done over.
My lawyer was afraid to go to trial and talked me into a settlement which he knew I was adamently opposed to. I asked him if I had to sign the stipulation of the parties and he said yes. I believed him but I know now
that wasn't true.
Five months later, after this was over and I had had it out with my attorney, I received a bill from him for an additional $7400!! I paid him $3000 and wasn't paying a dime more after his negligence and incompetence.
He threatened to take me to court. I have a counter claim against him for "legal malpractice". I am handling this pro se. I realize legal malpractice is difficult to beat but it's worth a shot. I think I have a pretty good case.
Any advice, help or anything anybody could offer would be greatly appreciated.
Thank You Very Much.
Hello,
I hired an attorney to represent me in my divorce. On the day of my trial
he was totally unprepared for trial.
My divorce was finalized April 4. The case was bifurcated to July 7 to determine the division of marital assets. It was COURT ORDERED on April 4th that "Discovery would conclude by June 18th ". My (former) attorney did not even begin to prepare interrogatories to opposing side until May 26th and gave them 30 days from receipt date to answer. This would've been well after the court ordered deadline date of June 18th discovery was to conclude by to determine the division of marital assets.
I have a copy of the transcript where he even lied to the court, claiming he sent out interrogatories "way back in the beginning of May, May 10th".
I have copies of the the interrogatories which are dated May 26th.
I was also charged for 6 hrs. or $1050 for him to prepare these interrogatories... 6 hrs. seems excessive to me ? He never got the info back so not sure how he can rightfully charge me for work not done or completed? He also charged me 2 hrs. ($350) for the "initial consultation"
after he told me the initial consultation was "no charge". The date on the bill he charged me for this was also before I had even signed the contract with him.
He also states to the court that, "I'm trying this case blindly your honor".
Twice he states this as per transcript. I later learned that opposing side tried to give him discovery answers back but he refused them claiming it was too late! He did not follow my instructions throughout this matter. Several times I asked him to subpoena my Ex's employer and obtain financial statement but he failed to do this. He told me you "can't get blood out of a stone".
I was fully prepared for trial, had spent hours and hours, many late nights preparing for this day yet my attorney was not prepared and talked me into a settlement instead of going to trial. I ended up having to pay my Ex $23,000! I was only married for 3 years (it was an abusive relationship).
We have one child together. We had no joint accounts together, separate chkg/savings accts, etc. I bought my house before I even met him and had receipts of all my mortgage payments showing I paid the mortgage with the exception of ONE month. Out of the 3 yrs we were married, he was out of the house for 6 months due to a restraining order.
The judge ended up allowing info. we had never seen or reviewed. $24K were receipts from Cape Cod Lumber which did not pertain to my house. I had $10K worth of cancelled chks from Home Depot from when I had my kitchen done over.
My lawyer was afraid to go to trial and talked me into a settlement which he knew I was adamently opposed to. I asked him if I had to sign the stipulation of the parties and he said yes. I believed him but I know now
that wasn't true.
Five months later, after this was over and I had had it out with my attorney, I received a bill from him for an additional $7400!! I paid him $3000 and wasn't paying a dime more after his negligence and incompetence.
He threatened to take me to court. I have a counter claim against him for "legal malpractice". I am handling this pro se. I realize legal malpractice is difficult to beat but it's worth a shot. I think I have a pretty good case.
Any advice, help or anything anybody could offer would be greatly appreciated.
Thank You Very Much.
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