Attorney Malpractice

[Sunnydi5924]

Ohio:

My ex-husband was fired by his employer in July 2001 and then filed a wrongful termination suit against his employer.

Child support arrears accumulated to 18K by 08/2002 when we came to a settlement agreement via the courts. The settlement agreement was vaguely written after a full day's hearing. My ex's Attorney wrote up the judgment entry which my Attorney signed without reviewing as it had the arrearage total at 11K and not the 18K on 09/2002. It took until 06/2006 for the Ohio Court of Appeals to uphold the 60B ruling in favor of the 18K.

My ex was to have paid this arrears with the settlement he received from his wrongful termination "AT THE TIME OF DISBURSEMENT" He received his settlement September 2002. He did not pay the arrearage and has since spent the entire $500,000.00.

The Magistrate ruled he must pay $163.00 per month with no interest, penalties until paid. This is not enough to cover the 2nd mortgage I had to take out for bills and I requested my Attorney to appeal. He did not appeal and claims I didn't ask him to.

Do I have any legal recourse here against my former Attorney for signing the wrong agreement and therefore loosing the lump sum payment of child support arrears? Do I have any recourse that he failed to appeal the Magistrate's ruling 10/2006 regarding how the child support would be paid?

Our relationship terminated January 2007.

 

[stephenk]

"I requested my Attorney to appeal."

How?

 

[Sunnydi5924]

I requested my Attorney to appeal the Magistrate's decision via phone after I received the faxed ruling from his secretary. He mailed me a contempt motion for signature a few days later along with pages of interrogeratories and a request for money. I did not have the money to send and did not trust him due to previous errors, so I did not sign the contempt motion. I still expected him to file the appeal.

 

[Ohiogal]

I requested my Attorney to appeal the Magistrate's decision via phone after I received the faxed ruling from his secretary. He mailed me a contempt motion for signature a few days later along with pages of interrogeratories and a request for money. I did not have the money to send and did not trust him due to previous errors, so I did not sign the contempt motion. I still expected him to file the appeal.

You expected him to file even though you would not pay him?

 

[Sunnydi5924]

The contempt filing and the Magistrates appeal were two separate issues. Sorry to have confused them by responding with TMI.

The hearing 10/06 was in response to the Ohio Court of Appeals rulig 06/06 upholding the Magistrate's ruling allowing the 60B motion. In the hearing, my ex told the Magistrate he spent all the money from which he was to have paid the arrears. From this hearing, the Magistrate ruled he must pay 163.00 per month until arrears were satisfied.

The contempt motion was a separate issue

 

[Sunnydi5924]

Yes, I expected him to file the appeal without any money paid as he had promised me he would "see the issue to it's end at no added expense to me". This promise was made due to his signing the wrong Judgment entry which lead to the 4 year delay in the arrears being paid. (Arrears are still not paid)

My Attorney's error resulted in non payment of child support. The Ohio court of Appeals stated my Attorney was at fault in their decision. Had my Attorney requested the funds held in trust while the 60B was processed, my ex could NOT have "spent" the arrears. I requested my Attorney to file the appeal to the 10/06 Magistrate's decision via phone, but he did not. The appeal is his word vs mine, but the error is his which resulted in this situation.

Please let me know if anyone knows the laws that govern this situation. Would I have legal grounds to sue for Malpractice?

 

[Sunnydi5924]

Malpractice?

I am curious as to why I have not received a response to my question. What are the grounds and time restraints or Malpractice?

It took took 4 years for my Attorney to correct his error and in that time, my ex-husband spent his settlement money from which he was to pay CHILD SUPPORT ARREARS totaling over 18K. Then he failed to file an appeal to the Magistrate's decision stating my ex has to pay $163.00 per month on these arrears without any penalty or interest.

 

[stephenk]

Do you believe your ex would have paid the $18k to you even with a court order?

Look at your retainer agreement regarding the extent of representation you and your attorney agreed to. Typically appeals are not part of a regular retainer agreeement.

His oral representation to you may not amount to squat since you expect him to do an appeal for free.

 

[Sunnydi5924]

Malpractice?

Yes. I do believe my ex would have paid the arrearage in full had the correct amount been in the judgment entry. He received over 500,000.00 and would not have been able to avoid it. The error gave him grounds to avoid payment.

In addition, I believe my Attorney should have requested the funds placed in trust pending the 60B motion.

My Attorney's signature on the wrong judgment entry, submitted by plaintiff's counsel, and his failure to have funds placed in escrow/trust is what I consider malpractice. I hired him to navigate the legal system and protect my interests. He failed to do so and I should not be the one paying for it.

I am asking what the guidelines are for filing Malpractice. Do you know?

 

[Bretagne]

Sorry, this is not malpractice. See http://www.sconet.state.oh.us/rules/professional/

 

[Ohiogal]

And the attorney is not required to represent you for free just because you want him to do so.