M
mink415
Guest
What is the name of your state?One year ago I was sued by my boyfriend for (an undisclosed amount) interest in my house. The suit and the property are in AZ. The house was titled in my name, I paid for the purchase and 90% of the mortgage, utilities, etc. Five months prior, I had filed Chapter 7, with the house as a reaffirmed debt. My bankruptcy case was discharged the same day the lawsuit was filed by my boyfriend and his lawyer in state court. I had listed my boyfriend as a creditor. A lis pendens was filed concurrently with the suit. My bankruptcy attorney would not get involved in a "domestic" dispute, so I hired another attorney. He said he was going to file for a summary judgement to remove the lis pendens, and that this was a simple real-estate case that could be resolved. He also said the lis pendens was illegal and would file for sanctions against opposing council - and that the lawsuit was in violation of bankruptcy law. I hired his wife as my realtor and listed my home. Nothing was ever done about the lis pendens. I continued to pay a mortgage on a home I was not living in.
My lawyer was often ill or out of the country - in hind-sight I wish I had fired him, but every time I talked to him he re-assured me that this would be over soon. I had an offer on my house, but could not sell because of the lis pendens. Several months later, my bankruptcy case was re-opened by opposing council. There were hearings, but nothing was resolved, even though my lawyer assured me the law was straightforward and we should win. He also said that we would go after the opposing council for filing an illegal lis pendens, and violating other bakruptcy rules. I was charged for research and work on this, but it was never done. His partner also worked on my case, and they both billed me for attending the hearings - I feel that my case did not warrant both attornies. I was also billed by his partner for a limited order of appearance through another law firm while my partner was out of town. His partner is not barred in AZ (which was never disclosed to me). The case recently settled, but my fees have far outweighed what I have received. I have paid $11,000.00 so far, my final bill is about $4,000.00, and my settlement is $6,300.00. Should I consider going after them for malpractice, or just dispute the final bill? (The settlement has also prevented me from seeking any damages against opposing council). Please advise, thank you!
My lawyer was often ill or out of the country - in hind-sight I wish I had fired him, but every time I talked to him he re-assured me that this would be over soon. I had an offer on my house, but could not sell because of the lis pendens. Several months later, my bankruptcy case was re-opened by opposing council. There were hearings, but nothing was resolved, even though my lawyer assured me the law was straightforward and we should win. He also said that we would go after the opposing council for filing an illegal lis pendens, and violating other bakruptcy rules. I was charged for research and work on this, but it was never done. His partner also worked on my case, and they both billed me for attending the hearings - I feel that my case did not warrant both attornies. I was also billed by his partner for a limited order of appearance through another law firm while my partner was out of town. His partner is not barred in AZ (which was never disclosed to me). The case recently settled, but my fees have far outweighed what I have received. I have paid $11,000.00 so far, my final bill is about $4,000.00, and my settlement is $6,300.00. Should I consider going after them for malpractice, or just dispute the final bill? (The settlement has also prevented me from seeking any damages against opposing council). Please advise, thank you!