My lawyer lied to me

[ratrodder]

What is the name of your state (only U.S. law)? North Carolina
My daughter was awarded a large cash settlement from an insurance company due to her involvement in an auto accident. During her week long stay in the hospital I promised her a trip to Disney World that she asked for. The lawyer that represented she/I in the case agreed to speak with a judge and ask that I be forwarded $5,000 of her $100,000 settlement so that I could take her on said trip. I understood that a judge may or may not agree to this type of distribution of her funds. The remaining monies are being put into an annuity for her that I can't touch. I don't want the rest, that's her money for college, etc. On Monday of this week my attorney's asst. called my wife and said verbatim that we were going to get the "Disney World" monies. It's now Wednesday and she calls me back and says that we are not getting the money for my daughter's trip to Disney World. My wife has already informed our daughter that her wishes have come true and she will be able to go. Now I'm in a position of having to break my word to my daughter because my lawyer either "jumped the gun" on the judge's decision, merely thinkning that we would be awarded her trip money or something else happened. Either way I'm now faced with having to break her six year old heart. I feel that my lawyer should not have made such a judgement call and that was negligent on his part. I'm grief stricken and can't stomach the thought of her tears when I tell her the bad news. The permanent scarring/months of emotional therapy she and I both recieved as a direct result of the accident are bad enough, now I have to face my daughter as a liar. Is there anything that I can do? It's not fair for her hopes to be built up so and then to be let down because of his poor judgement/incompetence. All I want is to be able to take her on her trip.

 

[VeronicaLodge]

or you could just take her to disney world with your own money

 

[AgentSmithers]

LMFAO, Thats true! Something about this story seems off like hes a novel writer, You are represented by who you hired and you agreed to it, Didn't you?

"The lawyer that represented she/I"

 

[las365]

or you could just take her to disney world with your own money

No kidding! You must have gotten a settlement, too, since you were both in the accident. Why do you want to spend your child's money on a trip instead of your own?

 

[ratrodder]

Get the facts before you make a judgement call

I was not involved in the accident. I was in therapy because I arrived on the scene and found my daughter lying in a stranger's arms, her body limp and her face covered in a bloody cloth. I struggled for months with that vision in my mind. I used the wording she/I simply because as she is a minor and I am her father and legal guardian, my attorney was not only seeing that her needs were met, but that my wishes as a father for her best interest were attended to. As for using my own monies, don't you think if I could that I would? I work for a living supporting my two daughters and wife who is currently studying to receive her degree. If you had taken the time to actually read what was written you would have noted that I wrote that she was involved in the accident. At no point did I write that "we" were involved in an auto accident. As for I hired the lawyer, yes I did but when he acted unethically and made a false statement that was based upon an assumption that he openly admitted to me in a conversation today, well that totally changes the game. According to the NC Bar Association that is in direct violation of their code of ethics. I know this from research done both directly online and in conversation with a public liason from said association.

 

[Isis1]

I was not involved in the accident. I was in therapy because I arrived on the scene and found my daughter lying in a stranger's arms, her body limp and her face covered in a bloody cloth. I struggled for months with that vision in my mind. I used the wording she/I simply because as she is a minor and I am her father and legal guardian, my attorney was not only seeing that her needs were met, but that my wishes as a father for her best interest were attended to. As for using my own monies, don't you think if I could that I would? I work for a living supporting my two daughters and wife who is currently studying to receive her degree. If you had taken the time to actually read what was written you would have noted that I wrote that she was involved in the accident. At no point did I write that "we" were involved in an auto accident. As for I hired the lawyer, yes I did but when he acted unethically and made a false statement that was based upon an assumption that he openly admitted to me in a conversation today, well that totally changes the game. According to the NC Bar Association that is in direct violation of their code of ethics. I know this from research done both directly online and in conversation with a public liason from said association. So the next time the three of you decide to make a mockery of someone, please take the time to make sure that you have your facts in order. Now with all due respect....pack that in your pipes and smoke it.

your "modifications", don't change the outcome. sorry.

 

[ratrodder]

what modifications?

What exactly is meant by "modifications"?

 

[Isis1]

What exactly is meant by "modifications"?

your additional story.

 

[CourtClerk]

No 6 year old child should be funding the family trip to Disney. If you can't afford to take her, then she doesn't go. I haven't seen or heard of one person yet who has died, needed lifetime therapy or the like from hearing, "no, we can't go, we can't afford it." Nor have I known of or heard of any person who needed lifetime therapy from not being about to go to Disneyworld. No one NEEDS to go to Disneyworld (except OG).

If your child is going to be irreparably harmed by finding out that she can't go to Disney, then go look in the mirror as to who is to blame. Don't promise your kids anything until you have money in hand to pay for it. Preferably your own money... and not hers.

Besides, the Universal Orlando parks are better, IMO.

 

[ratrodder]

Actually the outcome is to our favor

After speaking with my lawyer today, he admitted that he acted both unprofessionally and unethically by making false statements to us. He has agreed to refund $5000 out of his attorney's fees so that my daughter can have her trip that she was promised. If the attorney had simply told us that the judge would not agree to the monies being given over I would have been fine with that. Instead he openly admitted to acting upon an assumption when he told us otherwise. At that point and time it became a personal matter with me. It's not about me getting my hands on her money. I want her to have it when she is 18 and hopefully I will have done my job as a father and she will use it for further her education or some other worthwhile endeavor. That's why I only asked for enough for her trip. Either way, the NC Bar is looking into this matter currently and she gets her trip. If he had simply acted without haste and negligence alll of this could have been avoided.

 

[Isis1]

After speaking with my lawyer today, he admitted that he acted both unprofessionally and unethically by making false statements to us. He has agreed to refund $5000 out of his attorney's fees so that my daughter can have her trip that she was promised. If the attorney had simply told us that the judge would not agree to the monies being given over I would have been fine with that. Instead he openly admitted to acting upon an assumption when he told us otherwise. At that point and time it became a personal matter with me. It's not about me getting my hands on her money. I want her to have it when she is 18 and hopefully I will have done my job as a father and she will use it for further her education or some other worthwhile endeavor. That's why I only asked for enough for her trip. Either way, the NC Bar is looking into this matter currently and she gets her trip. If he had simply acted without haste and negligence alll of this could have been avoided.

CC, OG is so powerful she didn't even grace this thread with her presence. and the OG effect has occured anyway. that woman amazes me. i'm really in awe. yes she should go to Disneyworld what was that? 5 minutes?

OP, is the attorney refunding you the entire 5k? or is that a quickie loan until the settlement?

 

[CourtClerk]

OP, is the attorney refunding you the entire 5k? or is that a quickie loan until the settlement?

The settlement doesn't belong to this unbelieable irresponsible (and dramatic) parent, therefore it cannot be a loan... It can't be paid back out of the funds of the settlement without court approval, and luckily, there is a judge on the bench that has enough common sense not to allow $5000 to be disbursed so a child can go see Mickey Mouse.

Also, if the attorney is refunding $5000 in attorneys fees, then the other side needs to be aware of that, because that's $5000 in attorneys fees that they shouldn't have to pay. The defendants in the case are probably expected to pay judgment PLUS attorneys fees. Those attorneys fees shouldn't go towards Mickey Mouse, either. The attorney sounds like in this case, he is acting unethically, and dad is a co-conspirator in it, all because he wants to go see the mouse.

 

[ratrodder]

Let's get one thing straight

No 6 year old child should be funding the family trip to Disney. If you can't afford to take her, then she doesn't go. I haven't seen or heard of one person yet who has died, needed lifetime therapy or the like from hearing, "no, we can't go, we can't afford it." Nor have I known of or heard of any person who needed lifetime therapy from not being about to go to Disneyworld. No one NEEDS to go to Disneyworld (except OG).

If your child is going to be irreparably harmed by finding out that she can't go to Disney, then go look in the mirror as to who is to blame. Don't promise your kids anything until you have money in hand to pay for it. Preferably your own money... and not hers.

Besides, the Universal Orlando parks are better, IMO.

Should God ever find it necessary to put you in a position that I was in, that, being in a hospital room with your child's face severly lacerated, an orbital fracture that may cost him/her their eyesight and a punctured lung and that child asks you for anything I hope that your response is one of such shrill and cold tenor. Under normal circumstances I would not have promised my child any such thing. But when a 5 year old beautiful little girl sees herself in the mirror and her first words are "I'm hideous", your heart, God willing you have one goes out to that child and you will do anything to comfort them. But let's hope that you never find yourself in such a position. I certainly hope that neither do I ever again.

 

[ratrodder]

The settlement doesn't belong to this unbelieable irresponsible (and dramatic) parent, therefore it cannot be a loan... It can't be paid back out of the funds of the settlement without court approval, and luckily, there is a judge on the bench that has enough common sense not to allow $5000 to be disbursed so a child can go see Mickey Mouse.

Also, if the attorney is refunding $5000 in attorneys fees, then the other side needs to be aware of that, because that's $5000 in attorneys fees that they shouldn't have to pay. The defendants in the case are probably expected to pay judgment PLUS attorneys fees. Those attorneys fees shouldn't go towards Mickey Mouse, either. The attorney sounds like in this case, he is acting unethically, and dad is a co-conspirator in it, all because he wants to go see the mouse.

All of my attorney's fees have been paid and not by the insurance company that the settlement was coming from. As for me wanting to go see the mouse, you dumbass all I want is for my daughter to get what she was promised. Good day.....

 

[CourtClerk]

Should God ever find it necessary to put you in a position that I was in, that, being in a hospital room with your child's face severly lacerated, an orbital fracture that may cost him/her their eyesight and a punctured lung and that child asks you for anything I hope that your response is one of such shrill and cold tenor.

If ever my child is in that condition, the last thing I would be thinking about is Mickey Mouse... In fact, a child I practically raised died... still never thought about Mickey Mouse.

Under normal circumstances I would not have promised my child any such thing. But when a 5 year old beautiful little girl sees herself in the mirror and her first words are "I'm hideous", your heart, God willing you have one goes out to that child and you will do anything to comfort them. But let's hope that you never find yourself in such a position. I certainly hope that neither do I ever again.

You are so darn dramatical. If the situation is nearly as bad as it seems, and a 5 year old is looking at herself saying "I'm hideous," what she needs is intensive therapy, not a trip to Disneyworld. I hope that in time, you start to think rationally, for your daughter's sake, you need to.