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please help bad judge?

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M

Mike1965

Guest
What is the name of your state?What is the name of your state? Illinois


I will make this as short as I can

I hired a lawyer for a divorce...we had a verbal agreement..it was as follows.....it would cost around $600.00 and if it was going to be more I would have to pay a retainer....also that I would pay the $43.00 filing fee upfront

I agreed

in august of 02 I owed about 600.00,,,,,I was sent a proposed marital settlement...I told my laywer there were a few small things I would like to see changed...other than that I was in agreement and asked for his opinion.....i never got a opinon.....in oct. of 02 we went to court..i called his office the day before and no one knew the status....we went to court.....my lawyer talked to hers before court then asked to talk to me...he suggested I agree to the proposed settlement.....at this time I now owe $1,200.00......I paid 700.00 in sept of 02 and asked for a itemized billing which i never got......divorce was finalized.....

now my laywer takes me to small claims court...sueing me for balance owed.....that balance includes the $43.00 filing fee...which I paid up front that they billed me for

here is what happened in court

My lawyer stated what he billed me for...dates of calls time involved and such

here is what i stated
our verbal agreement was that it would cost around $600.00 and if it was goimg to be more a retainer would need to be paid before proceeding.
I paid $43.00 filing fee up front and then was billed for it
I asked numerous times for a itemized bill and never received it
that I aske for advice on the marital settlement....never received it...and $600.00 later I was told to accept it..in that time nothing had changed.

My lawyer never denied any of what i stated infact he agreed that they charged me for the filing fee I paid up front

now keep in mind the judge was doing paper work the whole time during the trial....he took notes and because of so many cases he was deciding them a week later

now for the judges desision.....in the judgement the judge wrote that we had a verbal agreement that any charges would be taken off the retainer fee I paid and I would owe the balance...so he enetered the judgement aginst me in the amount the lawyer asked for

what the judgement states is NOTHING close to what was stated in court.


i have 2 weeks to either file a motion to reconsider.....or file a appeal

what should I do?

the only thing in writing that there is from the trial is the judges bad notes

also does anyone know where I can get the forms I need for the motions to reconsider?....or the appeal.....I am in Illinois.....in the southern district so appeals would be in Mt. Vernon IL


some one please help.....I got screwd good by the system

Thanks
Mike
 


BL

Senior Member
I would study up on your State Bar Laws are regarding written retainer Laws, and Laws on Giving you an Itemized billing of fees involved.

Call your bar Association, or try a search.

(If )you find that the Lawyer has not Fallowed the Laws on his Practice with your case, you could ask for a reconsideration, and Attach copies of proof procedures were not fallowed as you testified to.

Also ( if )you find the Lawyer violated your States Laws on Written retainer agreement , Etc, Write him a return receipt Certified Letter advising him of the facts, and advise him you have sent the court a letter of reconsideration, and he/she should come to a settlement for his/her best interest, and that if he/she doesn't respond with a reasonable settlement within 10 days you will have no choice but to file a grievance with the State Committee ,

Of course you could always file an Appeal . Call the Clerk and ask them what is involved .
 
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