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Attorney lied and never filed case. ? huh?

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Zik43

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania.

February or early March of 2010 I went to see an attorney about a divorce. He agreed to do the divorce for $300 and was paid a $150 deposit. He said our 90 waiting period will begin the next day.
90 days later we went in to sign our agreements. He then stated he would take the divorce before the judge tomorrow (this was sometime in May), and we would be divorced in a few weeks. He said Id receive papers in the mail at my moms which I never did, btw.
A month passed (its now June) and I didn't hear anything so I called him. He stated there was nothing else to do but wait. I waited another month and called again and got the same response. Same thing again next month (Aug). In October I drove to his office and seen him walking outside. I asked whats taking so long and he said there was nothing else to do but wait.
The beginning of November I called the courthouse myself to see what was going on. Get this: My divorce was NEVER filed! He never filed!
I have a savings plan within my health care account, and had it costs me an extra about $300 a month to have her on my insurance. Had I been divorced when I was supposed to, Id of received about $1800 plus it will cost me about $1200 more if I am divorced in about 4 more months from now.


BTW. This guy will not take or return my calls anymore. I tried numerous times. I even left him a message saying to please file and Id forget what he done. Or at least give me back my money. He did none of the above and still has not filed. I called today and checked.

What I do not understand is when he found out that I knew he didnt file, why he didnt run across the street (the courthouse is literally across the street from his office) and hurry and file. Or call me and make an excuse or something. I dont know what defence he could have or is planning, but in my opinion he has none. He said he filed and didnt. Simple as that.

I think he is claiming since I didnt pay him in full, he didnt file. BUT numerous calls and when I seen him in person, he NEVER mentioned the money. If he would of I certainly would of paid the little $125 I owed.

I have filed a case with the Pa Suprene court diciplinary board, but what else can I do? Is he guilty of theft? Fraud? Both? Punitive damages in a case like this? Any advice is welcomed please.What is the name of your state (only U.S. law)?
 


Hot Topic

Senior Member
You've taken the right course of action for now.

What did the attorney tell you about payment of the rest of his fee?
 
Last edited:
Three hundred dollar fee for the entire divorce? Do you have a written contract?

If so, file a complaint with the bar & find a new lawyer to file you case.
 

Zik43

Junior Member
Three hundred dollar fee for the entire divorce? Do you have a written contract?

If so, file a complaint with the bar & find a new lawyer to file you case.


It was $300 because all he had to do was file, we already had our agreements worked out. I did file a complaint with the Supreme Court diciplinary board and they are investigating.

What I am concerned about is the money this guy has cost me. $300 a month extra I am paying still for her health insurance. As of today in my eyes, I am out $2100 and counting. I am not sure of what I need to do to recover my losses. I have called other attorneys, but they dont seem interested in this for some reason.
 

Zik43

Junior Member
You've taken the right course of action for now.

What did the attorney tell you about payment of the rest of his fee?
All he said when I went for my initial visit, was pay the rest when I can. His exact words was "no big deal". Had this man mentioned it at anytime after that, I certainly would of paid it to get my divorce.

I never received a written contract of any kind. Which the dicipiline board has told me is a violation in itself.
 

Hot Topic

Senior Member
So what is the board doing about it? Are they going to file formal disciplinary action against him? Suspend his license?
 

Zik43

Junior Member
So what is the board doing about it? Are they going to file formal disciplinary action against him? Suspend his license?
Still under investigation, will post updates as they happen.

For now can someone tell me please how I can recover the money I feel this guy owes me? And should I press theft, or fraud charges against him or do nothing?
 

Hot Topic

Senior Member
Take him to small claims court. It's really strange that after all this time, nothing has happened on your wife's end.
 
Last edited:
Small claims court for malpractice will not work

Take him to small claims court. It's really strange that after all this time, nothing has happened on your wife's end.
What will happen is the attorney will hire an attorney and bump the small claims matter up to Regular docket...it happened to me.

Stick with the Bar Association complaint. If they rule in your favor, which they never do, because attorneys are "birds of a feather" and your complaint is going to ATTORNEYS....but if you get a favorable reply, then, hire a malpractice attorney and sue his ass....what a total jerk.

I would sit on his doorstep and wait for him to come out and ask him what his problem is. He has caused you to pay out more than you intended. I hope you win.
I went to an attorney that lied as well...he just kept looking at his shoes and would not answer....he gave me back the entire $2,500.00 when I emailed him thay I was reporting him to the BAR and had saved every email.

Save everything in a file....the one with the papertrial usually wins!
Happy divorce! A new life awaits you....:)
 

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