SteveBrandt
Junior Member
What is the name of your state (only U.S. law)? Florida
On April 22, 2010 I retained an attorney to obtain a divorce from my wife from whom I have had no contact with since November of 2002. I did not know if my wife was even alive or where she was living if indeed she was. I made it clear to this attorney from the start that I want nothing but a simple divorce, and he said that that would be easy to get, not to worry. I paid him $1500.00 in an agreed flat fee for everything.
The attorney did a seach on the computer using a database site he subscribes to and discovered she had lived in 3 different states in the last 8 years, but that she currently resides in Miami. He served a summons to that address on May 5, 2010. My wife did not respond then and has not responded at all up to this very day.
21 days later he put in for a default, as I know is the standard routine. But then he began putting in for Motions to Compel and Motions for Discovery. When I asked him why he was doing that he said that the judge was making him do it because the judge wanted him to make a "good faith effort" (my lawyer's words) to bring my wife into court. Not knowing any better, I took his word for it.
October comes and it's now 6 months this has gone on, and now I'm getting suspicious. I send him another e-mail (I've sent numerous e-mails & have saved them all, both his & mine) telling him I want this over with, and he responds by e-mail saying that the judge is a "hardass" and is making him do all this.
This past week I go to the courthouse to see my file, and the court secretary tells me that my lawyer and only my lawyer, NOT THE JUDGE, has put in for these motions all this time. I then retained another lawyer who went to the courthouse to see my file and said the same thing, that there's no legal reason to not put in for a final hearing, and that my lawyer is the one filing for all these motions. The new lawyer said he'll have this wrapped up and done in 3 weeks.
Do I have a malpractice case against this first lawyer? He knew I wanted this matter wrapped up and that all I wanted was a simple divorce. This was stated in three written e-mails to him as well as verbally from the beginning. He told me in 2 e-mails that the judge was making him file for these motions, yet the court secretary and my new attorney say different, and the judge's name is on none of the motions, just my lawyer's. The new lawyer said this case should have and could have been finished in early June at the latest, since my wife was served on May 5th, and never, ever responded.
I have e-mails from him where he says these motions are being done because the judge demands it and because they are "standard procedure in every divorce", both of which are false.
Any advice?
On April 22, 2010 I retained an attorney to obtain a divorce from my wife from whom I have had no contact with since November of 2002. I did not know if my wife was even alive or where she was living if indeed she was. I made it clear to this attorney from the start that I want nothing but a simple divorce, and he said that that would be easy to get, not to worry. I paid him $1500.00 in an agreed flat fee for everything.
The attorney did a seach on the computer using a database site he subscribes to and discovered she had lived in 3 different states in the last 8 years, but that she currently resides in Miami. He served a summons to that address on May 5, 2010. My wife did not respond then and has not responded at all up to this very day.
21 days later he put in for a default, as I know is the standard routine. But then he began putting in for Motions to Compel and Motions for Discovery. When I asked him why he was doing that he said that the judge was making him do it because the judge wanted him to make a "good faith effort" (my lawyer's words) to bring my wife into court. Not knowing any better, I took his word for it.
October comes and it's now 6 months this has gone on, and now I'm getting suspicious. I send him another e-mail (I've sent numerous e-mails & have saved them all, both his & mine) telling him I want this over with, and he responds by e-mail saying that the judge is a "hardass" and is making him do all this.
This past week I go to the courthouse to see my file, and the court secretary tells me that my lawyer and only my lawyer, NOT THE JUDGE, has put in for these motions all this time. I then retained another lawyer who went to the courthouse to see my file and said the same thing, that there's no legal reason to not put in for a final hearing, and that my lawyer is the one filing for all these motions. The new lawyer said he'll have this wrapped up and done in 3 weeks.
Do I have a malpractice case against this first lawyer? He knew I wanted this matter wrapped up and that all I wanted was a simple divorce. This was stated in three written e-mails to him as well as verbally from the beginning. He told me in 2 e-mails that the judge was making him file for these motions, yet the court secretary and my new attorney say different, and the judge's name is on none of the motions, just my lawyer's. The new lawyer said this case should have and could have been finished in early June at the latest, since my wife was served on May 5th, and never, ever responded.
I have e-mails from him where he says these motions are being done because the judge demands it and because they are "standard procedure in every divorce", both of which are false.
Any advice?
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