How bad did my attorney mess up?

[troutette]

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

After several months of going pro se in my custody modification suit I was able to secure funds to hire an attorney 3 weeks prior to trial. I met with him once, brought him all my filed documents and informed him that I had not provided the opposing side with financial disclosure. He requested I email his paralegal all my financials and I did that two weeks prior to trial and informed her that I did not file with the court the mandatory disclosure form or child support guidelines, nor had my ex done so.

I tried, almost daily, to get in touch with this attorney and only got his paralegal telling me "not to worry, everything is being taken care of and I'm in good hands."

The day before the trial I met with him and he informed me that he was filing a motion for continuance to get more financial disclosure from my ex, as we had only received his interrogatories but no bank statements, tax returns, etc. He said based on the fact that he just taken over the case, he was 99.9% sure the judge would approve the continuance and to "rest assured", we had a "slam-dunk" case.

We showed up to court the next morning and he asked me for my financial disclosure and I told him that I had given it to his paralegal two weeks prior.

When session began, the judge addressed the motion for continuance and said she had to deny it because my attorney never had me sign the document. ??? So, trial went on.

From there it just went down hill. OC addressed the fact that I never produced mandatory disclosure so the judge imputed my income. My ex, a bar owner, didn't provide his disclosure either and his statement for monthly income of $1300 was accepted by the judge.

As I was being grilled on stand, evidence that I had given my attorney to support my case was not presented ... he objected to nothing and my proof just sat in his folder.

Needless to say, I lost big time. My attorney couldn't even look at me.

OC was awarded responsibility for drafting up the final order for the judge to sign. This was over 2 weeks ago. I have no idea when this order goes/went into effect, how much my new child support amount will be (if any at all now), and the rest of the details of the 26-page parenting plan.

I left message after message for my attorney asking for a de-briefing and next steps. I was finally able to set up a meeting with him last week, but when I showed up they said he wasn't available and passed me on to a new attorney in their firm. None of them seemed to know if she would be representing me now or him or someone else??? After promises of getting answers from them the next day, it is now the end of next WEEK and still no one has given me any answers. His paralegal actually told me to call the judge's office myself and see if I could find out why OC hadn't submitted the proposed final order yet since she wasn't responding to them either.

OK, so now the questions ...

1. Do I have any recourse on the issue of him failing to have me sign the continuance and financial disclosure not being provided to OC?

2. How long does one have to wait for this proposed order to get out of the OC's hands? Are there any steps I can take myself?

3. Is child support just in limbo until the judge signs the new order or is the old amount still in effect? Support was due last week and I have not received anything. Ex has now left the country for 2 weeks.

4. Is this attorney still legally responsible for closing out this case with me or could it be possible that I never hear from him again? If he disappears, what steps can I then take? How do I go about getting these answers?

I have not received one answer to any of the above questions from him.

 

[Ohiogal]

OK, so now the questions ...

1. Do I have any recourse on the issue of him failing to have me sign the continuance and financial disclosure not being provided to OC?

Not really. You could have had the financial disclosure filed at any point in time and chose not to do so -- leaving it up to the last three weeks before trial. How many months did you have before then in which you were not cooperative?

2. How long does one have to wait for this proposed order to get out of the OC's hands? Are there any steps I can take myself?

You have counsel. You can't do anything. OC has a reasonable length of time (30 days unless the court states otherwise) to do the court order.

3. Is child support just in limbo until the judge signs the new order or is the old amount still in effect? Support was due last week and I have not received anything. Ex has now left the country for 2 weeks.

Depends on how the order is written. If your ex has left the country for 2 weeks, then you won't get an order for at least most likely 3 weeks.

4. Is this attorney still legally responsible for closing out this case with me or could it be possible that I never hear from him again? If he disappears, what steps can I then take? How do I go about getting these answers?

He is your counsel until he withdraws or this case closes.

 

[troutette]

Thank you for responding. So, failing to have me sign a continuance and it being denied because of that is not considered a "major blunder" on his part?

OK, so the child support is just in limbo until the new order is signed by the judge? I don't know what is in the proposed order because OC has not provided it yet. I just have to accept that child support is late or not coming at all?

So 30 days to produce a proposed order is pretty standard?

What if my attorney continues to be unresponsive and I don't get any answers to these questions? Is it standard practice for an attorney to just stop communicating with you after the trial? As I said, I don't even know what days/times I am legally responsible for her care.

I'm not trying to be difficult ... just want to understand this process and know when I need/can step in to start getting answers through other channels.

I have been pushed aside and passed off and just need to know what next steps I can take to facilitate closure on this case.

Thank you.

 

[Ohiogal]

Thank you for responding. So, failing to have me sign a continuance and it being denied because of that is not considered a "major blunder" on his part?

No it is not. Because you knew about this trial date and you CHOSE to wait until the last minute to secure counsel. There was no guarantee that the continuance would have been granted.

OK, so the child support is just in limbo until the new order is signed by the judge? I don't know what is in the proposed order because OC has not provided it yet. I just have to accept that child support is late or not coming at all?

the court should have given some idea as to what it would be. And you have to accept that child support is late. You could file contempt but that may get you no where. And it may be seen as petty.

So 30 days to produce a proposed order is pretty standard?

Yes as is 60 in some respects.
Or 10 if the court orders that.

What if my attorney continues to be unresponsive and I don't get any answers to these questions? Is it standard practice for an attorney to just stop communicating with you after the trial? As I said, I don't even know what days/times I am legally responsible for her care.

then keep asking. But realize that most attorneys have several dozen clients. And they may be in court or out of town or what not and cannot immediatley respond to your ever missive. You are responsible for the court order. What did the court state?

I'm not trying to be difficult ... just want to understand this process and know when I need/can step in to start getting answers through other channels.

If you are unhappy, fire your attorney and ask that he withdraw. Then you can correspond directly with everyone.

I have been pushed aside and passed off and just need to know what next steps I can take to facilitate closure on this case.

Have some patience. Call your attorney on Tuesday.

 

[troutette]

For the record, the decision to retain an attorney was not just a choice. A friend of mine gifted me the money at the last minute.

I was willing/able to complete disclosure but was told by them that it is now their responsibility and I needed to stay out of things now that I am represented.

As for the continuance, unfortunately, he told me that "99.9% sure" we would get the continuance and to relax. Sounds somewhat like a good bet, although perhaps not a guarantee.

My attorney said he extended a professional courtesy to OC to have it at end of that next week. That was two weeks ago. I'm looking for him to be a little aggressive about getting this proposed order from her. I don't think that is a lot to ask for. All his office tells me when I call is that OC is a "b**tch" and she is being difficult. So just lay down and be at her mercy?

Not sure what you mean by "You are responsible for the court order". The new one? I would think the old one is in place until the new one is signed, but ex has decided to pick and choose which parts of each to exercise. As I said, he has left the country on vacation and is not upholding his end of the visitation schedule -- new one or old.

The majority of my frustration is that I don't know what the judge said as far as when the proposed order needs to be submitted. I was very upset at the end of the trial and can't recall all the details. Nothing was said about child support amount and when.

The kinds of answers I am looking for are the ones that I am getting from you.
Just not sure why I need to go to a legal board for these answers when I have an attorney.

Again, I don't think that open, direct communication from my attorney is a lot to ask for. Having his paralegal tell me to call the judge's office myself is unacceptable.

 

[JediDad]

I've had really bad attorneys and really good attorneys.
The last really bad one I had sounds a lot like yours. I'm not saying yours really is, there's too many nuances to say for sure. However, my bad one was difficult to get a hold of, would take several days to respond, put in minimal effort, and was mostly concerned with compromising on everything to just make the case go away.
By contrast, my good attorney is very available. If she's in court she returns my calls the next day. She will fight tooth and nail for the things that are deal breakers.

You likely paid your attorney a retainer of a substantial amount. Hopefully, he hasn't used it all up yet. You'll probably want to consider firing this one and getting back any unused portion of the retainer. You'll really have to look at the numbers though. Depending on how much is left of your retainer, and if you can find another one that will work for you, you may or may not want to switch right now.

 

[Ohiogal]

For the record, the decision to retain an attorney was not just a choice. A friend of mine gifted me the money at the last minute.

For the record IT WAS A CHOICE. It was a choice for you to file this case, pursue this case and then go without counsel only to get new counsel. Those were all choices.

I was willing/able to complete disclosure but was told by them that it is now their responsibility and I needed to stay out of things now that I am represented.

YOU should have completed it long before -- when you first filed the case.

As for the continuance, unfortunately, he told me that "99.9% sure" we would get the continuance and to relax. Sounds somewhat like a good bet, although perhaps not a guarantee.

There is NEVER a guarantee.


My attorney said he extended a professional courtesy to OC to have it at

end of that next week. That was two weeks ago. I'm looking for him to be a little aggressive about getting this proposed order from her. I don't think that is a lot to ask for. All his office tells me when I call is that OC is a "b**tch" and she is being difficult. So just lay down and be at her mercy?

No. But you cant' force the other side to cooperate or play by YOUR wishes, wants and needs.

Not sure what you mean by "You are responsible for the court order". The new one? I would think the old one is in place until the new one is signed, but ex has decided to pick and choose which parts of each to exercise. As I said, he has left the country on vacation and is not upholding his end of the visitation schedule -- new one or old.

Does he have custody or visitation? How is he not upholding it? You are to uphold what the judge told you in court was the schedule. Especially if you retain full custody.

The majority of my frustration is that I don't know what the judge said as far as when the proposed order needs to be submitted. I was very upset at the end of the trial and can't recall all the details. Nothing was said about child support amount and when.

That is YOUR fault for not knowing what was said when you attended. YOU were there and therefore YOU can be held responsible what the court stated. What was not stated in court you cannot necessarily be held responsible for. As for child support, you will find out when the court orders it.

The kinds of answers I am looking for are the ones that I am getting from you.
Just not sure why I need to go to a legal board for these answers when I have an attorney.

Don't know.

Again, I don't think that open, direct communication from my attorney is a lot to ask for. Having his paralegal tell me to call the judge's office myself is unacceptable.

Don't know why you were told that.

 

[wileybunch]

I was willing/able to complete disclosure but was told by them that it is now their responsibility and I needed to stay out of things now that I am represented.

As for the continuance, unfortunately, he told me that "99.9% sure" we would get the continuance and to relax. Sounds somewhat like a good bet, although perhaps not a guarantee.

Your first priority needs to be for the current actions pending and make sure you're on top of things and don't misstep, especially since you can't rely on your attorney for that. But, you should file a complaint with your local bar association for your attorney's actions because he did screw up over something simple that directly negatively impacted your case (the improper filing). The bad representation in court is a little harder to convey, but I would complain on those specifics, too. Unfortunately, I've BTDT and I did subsequently sue that attorney over his final bill and the sitting judge (attorney) that heard the case split the final bill in half which I considered victory enough. I really wish I would have excused my attorney on the spot in the court room when I realized had truly bad he was at litigating. It was utterly ridiculous because he was a big huffer and puffer big talker and he frankly SUCKED in the courtroom.

Not sure what you mean by "You are responsible for the court order". The new one? I would think the old one is in place until the new one is signed, but ex has decided to pick and choose which parts of each to exercise. As I said, he has left the country on vacation and is not upholding his end of the visitation schedule -- new one or old.

Did your attorney not make notes on what the judge's verbal order was? Although the new order is not filed yet, some parts of it may be in effect. It depends on what was ordered. What parts of the orders are you saying your ex is picking and choosing on? Who has primary custody?

 

[troutette]

OK, so the summary and recommendations from OC have finally come in. They are now saying that I owe $6k in back child support to ex. I don't understand. I was never ordered to pay him any child support ... ever. I was custodial parent up until now (we have joint now as a result of this suit). Our original final judgment has him paying child support to me since the divorce. Paying him child support was never even discussed at the trial.

How can someone ask for back child support when they were never even awarded any to begin with? He only has her 2 nights a week and has forfeited a lot of that time.

Also, can OC just put this into the proposed order? She has "snuck" in several things that were not discussed at the trial.

What is the next step? Do I object to her proposed order?

 

[Ohiogal]

OK, so the summary and recommendations from OC have finally come in. They are now saying that I owe $6k in back child support to ex. I don't understand. I was never ordered to pay him any child support ... ever. I was custodial parent up until now (we have joint now as a result of this suit). Our original final judgment has him paying child support to me since the divorce. Paying him child support was never even discussed at the trial.

How can someone ask for back child support when they were never even awarded any to begin with? He only has her 2 nights a week and has forfeited a lot of that time.

Also, can OC just put this into the proposed order? She has "snuck" in several things that were not discussed at the trial.

What is the next step? Do I object to her proposed order?

How do you know it was NOT discussed at trial since you stated that you did not remember what the Court had ordered? Tell your attorney to object to the proposed order. It is possible for you to owe child support back to the date of the filing. Are you currently ordered to pay child support from this date forward?

 

[troutette]

I remember the child support part and my attorney said it was not discussed or ruled on at the trial. As far as the numbers moving forward, we were just told to run the support guidelines and then put it in the recommendations.

Help me understand how he can get retroactive child support for a joint schedule that has just been ruled on and the revised schedule hasn't even taken effect yet. He only had her 2 nights a week before. He hasn't incurred any additional expenses. As a matter of fact, all the times he has forfeited, I have been left paying for alternate care. He has accepted no make up time and was out of the country for three weeks of the past few months that he is asking for.

Also, in the state of FL, can health insurance for the parent be deducted from gross income when computing child support?

 

[LdiJ]

I remember the child support part and my attorney said it was not discussed or ruled on at the trial. As far as the numbers moving forward, we were just told to run the support guidelines and then put it in the recommendations.

Help me understand how he can get retroactive child support for a joint schedule that has just been ruled on and the revised schedule hasn't even taken effect yet. He only had her 2 nights a week before. He hasn't incurred any additional expenses. As a matter of fact, all the times he has forfeited, I have been left paying for alternate care. He has accepted no make up time and was out of the country for three weeks of the past few months that he is asking for.

Also, in the state of FL, can health insurance for the parent be deducted from gross income when computing child support?

Something is really wrong there. You need to be pushing your attorney hard to fight this one. Sometimes retroactive support is appropriate, but certainly not in this case. However, if you now have a 50/50 schedule, if you are the higher earner, you can expect to pay some ongoing support.

 

[troutette]

Health Insurance Question

My ex spends $250 per month on his portion of his medical. I don't have medical insurance as I can't afford it. Since health insurance is considered a deduction to gross income in determining support, I do not have that deduction, but would love to get insurance for myself. Does that basically mean that I am being penalized for not having insurance for myself as I can't take a deduction? Is there some sort of allowance? What about the medical bills I presently have to pay out of pocket on a monthly basis?

 

[CJane]

You should be able to speak with the judge's clerk and request a copy of the docket entries/notes from the case that the OTHER attorney is supposed to be preparing the final order FROM.

That would go a long way towards telling you what to expect.

If there's a previous order for support, and it was paid to the state for disbursement, then they would be able to tell you if they're counting what isn't yet paid as arrears or not. THAT would go a long way towards letting you know what the status is. However, it's unlikely that child support is "in limbo" until a new decision is made. I can't think of ANY case where it's worked that way.

OC in MY case took nearly 95 days to file the order w/the judge. And then, it was nearly 70 pages long and chock full of "findings" that the judge never stated, stuff that was NOT included in ANY of the proposed orders OR what the judge ruled, etc -- and the judge signed it anyway.

There are any number of reasons they'd drag their feet - you can't appeal an order until it's an actual signed and filed order... so the longer they wait to do anything at all, the longer "status quo" is developing. You can't even file for reconsideration until there's an actual order to reconsider. So delay is often in their best interests even if they "won" because YOU can't do anything at all about it.

I've never heard of the need for a client to sign a request for continuance -- perhaps that's particular to your courts? I know that HERE, you can get a continuance w/a phone call.

It's a little late now, but something to remember is that just because you have counsel doesn't mean you should stop advocating for yourself. You "should" have brought copies of everything you expected your attorney to bring. Disclosures, evidence, etc. When "being grilled" you should have at least been able to answer a question and say "No, that's inaccurate, I can provide you with evidence to the contrary." It would not have had your evidence admitted, but would have at least gotten your attorney's attention.