Is it legal for an attorney to do this and can I recover damages?

My state is: Pennsylvania

You guys wont believe this. At least I cant!
This attorney was my wife's auto accident attorney. When we decided to divorce, I contacted him and asked if he would handle the divorce. I told him we have already made our agreements and all he needed to do was draw up the agreement, and handle the filing and divorce. He agreed. This was February of this year. Me and my wife went to see him and he stated a price of I believe $275. He was paid a $150 deposit to which he said was fine. He also said we was on our 90 day waiting period. He drew up the agreements and made us another appointment to see him on May the 8th.. At which time me and my wife both signed paperwork.. He stated he would file the next day and our divorce would be final within a few weeks, that only the judge needed to sign now. He stated I would receive paperwork in the mail to which I never received a thing. Two months went by and I called him. He stated it was still a waiting game, and nothing else can be done but to wait.
I called him at least 3 more times, until I finally went to his office in September. I seen him walking outside and I asked him whats taking so long. He again stated nothing else to do but to wait. October the 18th, I called the courhouse to see what is taking so long, and my divorce was never filed. I then proceeded to call his office for three days and he will not take or return my calls. This man lied about filing my divorce, it was never filed. Now I must file again and wait even longer, waiting period, etc?
I have a savings account within my healthcare I receive from my union. If my divorce was final when it should of been, I would of gotten apprx. $2000-$3000 by now because it is much cheaper for just me to be covered than me and my wife.. If I must refile and wait even longer now, I will be out another $1000-$2000. I can easily get the paperwork to prove what I am out. This man owes me the money I am out and should of gotten.
Can I recover what I feel he owes me? And what about punitive damages? Any in this case?

How can an attorney tell me over and over he filed for my divorce and he DIDNT?

I sure hate to hear about such a breach of trust and complete ignorance of an ethical responsibility. However, I'll step up to the plate on this one. First of all, go to the clerks office and get a copy of the paperwork need to file. If you are having a non-contested divorce all you need do is fill out a few blanks and file it along with a small filing fee. In fact, many online packets can easily be bought and file these things yourself. As for this attorney, these people are not etched in gold and are nowhere near as special as they think. Report him to the Board of Professional responsibility for your state. Also, send a copy of a written informal complaint to every judge in your county. Next, go to the district attorney and seek fraud charges against him. I think in the end he will value the only thing he has which is his reputation. There is NO place for any person such as this guy to dishonor a profession that many of us take very seriously. As I say, there is good and bad in everything and never let a title, especially the title "attorney" intimidate you.

Lastly, it will be hard to find another attorney to take this unethical attorney on because that is the nature of the beast. A judge is for a judge, a policeman for a policeman...you know, the "birds of a feather flock together". One little parable I use is, "I may not be able to stop anyone from doing anything, but I can sure make them regret it". Apply pressure on this clown and you will prevail.

Trickster said:

I sure hate to hear about such a breach of trust and complete ignorance of an ethical responsibility. However, I'll step up to the plate on this one. First of all, go to the clerks office and get a copy of the paperwork need to file. If you are having a non-contested divorce all you need do is fill out a few blanks and file it along with a small filing fee. In fact, many online packets can easily be bought and file these things yourself. As for this attorney, these people are not etched in gold and are nowhere near as special as they think. Report him to the Board of Professional responsibility for your state. Also, send a copy of a written informal complaint to every judge in your county. Next, go to the district attorney and seek fraud charges against him. I think in the end he will value the only thing he has which is his reputation. There is NO place for any person such as this guy to dishonor a profession that many of us take very seriously. As I say, there is good and bad in everything and never let a title, especially the title "attorney" intimidate you.

Lastly, it will be hard to find another attorney to take this unethical attorney on because that is the nature of the beast. A judge is for a judge, a policeman for a policeman...you know, the "birds of a feather flock together". One little parable I use is, "I may not be able to stop anyone from doing anything, but I can sure make them regret it". Apply pressure on this clown and you will prevail.

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I would file the divorce on my own - and then file a complaint with the State Bar. You won't get damages, but you might get back the money you paid him.

mistoffolees said:

I would file the divorce on my own - and then file a complaint with the State Bar. You won't get damages, but you might get back the money you paid him.

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You realize you said in one sentence what it took me a couple paragraphs to say. Excellent point.