Dishonest Lawyer (sorry long...)

[au83]

What is the name of your state (only U.S. law)? Oklahoma

Custody Battle in Jan 08. I asked my ex for child support, he then sued for full custody. I switched attorneys midway through, bc my previous attorney wasn't really doing "due diligence" to my case, didn't come to my deposition (did send her partner though) Wasn't taking the case seriously, just pushing paperwork, while they were firing serious allegations, harassing my family, etc. So.. I switched attorneys. My sister is a paralegal, I hired her boss to take on the case. True, he didn't have much time to prepare, but there was a lot of details he missed. He, too, took the approach of just disproving the (bad parenting) allegations, not showing any of his (ex's) character flaws as well. The end result was I looked like trailer trash, trying desperately to say this isn't me, and he (ex) looked like gold, like he had no faults at all. Of course, I lost. After the trial, I found out several interesting things about my attorney:

1. He was having an affair with my sister during my custody battle (yes he's married) and I SERIOUSLY had no idea.

2. He had represented my ex's brother in cases before, which i found on OSCN website and was handling a divorce for him DURING my custody battle (mutually agreed divorce, drawing up paperwork), which they actually didn't go through with & supposedly reconciled after my case. The same brother's wife came into my attorney's office the week after my trial to pay him for her mother's bankrupcy- I knew NONE of this until AFTER!

3. My ex sued me for legal fees after winning. My attorney stated I didn't have to be there for that hearing. He later called me and stated the judge ruled I owed $1117 of the $8700 they pursued. My case was req sealed after that (the entire custody hearing and hearing for legal fees) Upon speaking w a PI, he advised me to req judge to unseal. I did go to the judge & get unsealed, found that her ruling stated that the 2 attorney's SETTLED on the judgment, she did NOT rule that. My attorney lied to me about this.

4. He took on my case in late Nov, went to court in Jan, and the attorney fees hearing in April. He never gave me a bill, only continued to ask for cash randomly. After giving him a little over $2000 (I had paid my previous attorney in full for $2500, & he got the end of the case) I finally asked for a bill. It was full of lumped items, and came to over $4600. (remaining bal approx. $2600) My sister had quit by then, and stated he didn't keep up with billing, and she believed my bal remaining was around $1000 when she left.

To be honest, i feel like I was set up for a shady trial, framed as a bad parent, and then bent over backwards in fees and dishonesty. Is any of this grounds for a mistrial, investigation, etc...???What is the name of your state (only U.S. law)?

 

[AlmostALawyer]

There are a lot of issues in this, but:

1. Was the retainer agreement (lawyer agreement) in writing? If he asked you for random cash, it seems like it might not be. Pursuant to many state bar rules of professional conduct a retainer agreement MUST be in writing.

2. The legal work that the attorney did for the in-laws is probably okay. Normally, an attorney has conflict once that attorney has obtained confidential information about your case. Your ex's mother or brother obviously would not have such confidential info. So, the attorney is probably okay.

3. If the attorney is not keeping proper billing and the attorney told you this, go to the Oklahoma attorney grievance commission. I'm sure they would love to know this information. You can file a claim normally, and they will investigate.

4. Your sister sleeping with her boss is probably okay. Not advisable, but I don't think it helps your case. Generally, the rule is you can't sleep with clients.

If all else fails, contact the attorney grievance committee in your state with your questions. They will be able to inform you on what is ethical attorney conduct and unethical attorney conduct. Furthermore, it is important to note that what is subject to discipline by the grievance committee is not always actionable from a liability standpoint.

Good luck

 

[au83]

So.. as far a the settlement on attorney fees- do I have any grounds to contest it, and would it just cost more $? or Should I chalk it up to "it could've been worse" and just pay the settlement?

Also, My ex's OTHER brother, who did not support his actions and didn't attend trial, etc. told his girlfriend, who is a mutual friend of mine that his lawyer was shady, that there was a lot of shady things going on. His wording though, was "HE" was shady. My ex's lawyer was a woman, my lawyer was a man. I know he would never "roll" on his brother, so obviously I can't just directly ask him what he meant, but given all my suspicions, and then hearing that he said that, should I be trying to investigate this case further?

I don't want to pour money & time into a investigation if the end result is: no resolution. It's been 3 years, so it's pretty much a cold case neway.. Should I just continue trying to go through the system, and wait for the opp. to ask the judge for a modification..? (I realize this is more of a child custody thread now, sorry)

Also- I cant remember if we had an attorney agreement in writing- I do not have a copy of 1, I do remember my first attorney giving me one upfront at our first meeting, and req payment before the pre-trial.. I am not sure if there is or isn't one with 2nd attorney.

Also, I started to write a letter of complaint to the bar, but never sent it. Like you said, I fear the disciplinary action would not bring the results I am seeking. I don't want to ruin this guy's life and career, I merely want the truth of what happened, if I was in fact set up to lose this case, and ultimately my child, by my own lawyer..