IAAL-help please-long, but please read...

[rmet4nzkx]

I don't know why IAAL hasn't responded, but be encouraged you are making progress.

Contact the Local Bar Association where the attorney practices and they will arrange to get your papers, you need these to prepare some of your motions since some of your contempt motions may be affected by his communications with your ex.

File the substution of attorney after you get your papers.

 

[daddenied]

This Will Blow Your Mind...it Did Me!

I don't know why IAAL hasn't responded, but be encouraged you are making progress.

Contact the Local Bar Association where the attorney practices and they will arrange to get your papers, you need these to prepare some of your motions since some of your contempt motions may be affected by his communications with your ex.

File the substution of attorney after you get your papers.

I just re-read this post that's been on here for a while and want to kick myself. I had contacted my attorney (we'll call him atty P) and asked for my records or file and never received a response. Then, the FLF office said to be sure to file the substitution of attorney this week. Over the weekend I faxed it to Atty P and asked him to sign it so I could file it. TODAY, I get it back faxed to me with his signature and a note attached stating:

"A Substitution of Attorney may not be necessary, because Atty P was never actually your attorney on records. He did not have himself added as your attorney of record. Your file will follow"

1st: I couldn't believe what I was reading!
2nd: I thought..."this man stole my money! Money I had to beg, borrow and almost steal to retain him!"
3rd: The first hearing I had was in February and he told me it was not necessary for me to show up if I didn't want to and he would appear and ask for a continuance to July 1st so everything could be heard and handled at once. IF he were never my attorney on record, I have no idea what happened in court during the Feb. hearing! Could he have just tricked me? Could they have called my case # that day and because I wasn't there, the judge took it off calendar? Atty P told us that he continued it, but on July 1st, the courts had no records of the continuance and I think I told you that my ex stated to the July 1st judge that it was non=sense and taken off the calendar. ????
4th: What the heck do I do now?! Is there any recourse for me? I am less than broke right now, still living on beg, borrowed and almost stolen money and how atty P says he was never my atty. I paid a retainer fee, signed a contract and he basically said he would take care of all the necessary paperwork. Am I just ignorant!? Should I have filed a substitution for attorney back when he supposedly took over?

PLEASE HELP! The note I got today with the fax from his office indicates all of my file is or will be on it's way to me. Should I assume that or shall I contact the Local Bar Association for help? I know you told me to do that weeks ago, but not sure why I hadn't. I think I have so much on my plate that my head spins and I get all overwhelmed. This court nightmare has been the topic of conversation with me and my girlfriend who has supported me through the last year of paperwork and madness...this entire ordeal will be the death of us I think.

Anyway, Miss Met4 please help! Or, if anyone knows IAAL, please ask him to read these posts and suggest something. Or...ANYONE who can help, I'd appreciate it.

I will be going into my file at home to find the contract I signed when I retained him.

 

[rmet4nzkx]

Did you get a copy of your file in Fresno yet, hopefully things will be clearer then.

Contact the Bar Association in the county where the attorney practiced re forms for the fee dispute and the California Bar Association for the ethics complaint. Make sure you have everything back from your attorney, can you arrange to have it picked up from his office instead of waiting for him to ship it? Fax the Substitution of attorney to the FLF opffice, will they file it for you? anyway and check the on line access in Fesno for the case log if any, it may show the various entries. You may want to inquire re lawsuit for malpractice, but it will depend on the evidence. Hopefully you can get some of your money refunded if you have a signed contract and receipt for your retainer and your bills. Is your girlfriend your witness?

 

[daddenied]

Did you get a copy of your file in Fresno yet, hopefully things will be clearer then.

Contact the Bar Association in the county where the attorney practiced re forms for the fee dispute and the California Bar Association for the ethics complaint. Make sure you have everything back from your attorney, can you arrange to have it picked up from his office instead of waiting for him to ship it? Fax the Substitution of attorney to the FLF opffice, will they file it for you? anyway and check the on line access in Fesno for the case log if any, it may show the various entries. You may want to inquire re lawsuit for malpractice, but it will depend on the evidence. Hopefully you can get some of your money refunded if you have a signed contract and receipt for your retainer and your bills. Is your girlfriend your witness?

I don't have my file and will see if my girlfriend can pick it up on Monday. She is on vacation due to return that day, but I may be able to talk her into detouring and heading to Fresno on the way back home. I just assumed from the note on the fax that his office would be sending it, but I am afraid to assume anything with him.

And, yes, she is my witness...she's the one who has all the records on file, copies of whatever I had...she's been my lifesaver with documenting pretty much everything. And, she also is the one Atty P spoke to whenever he could not reach me...both of us corresponded with him through phone, email and USPS. We went to his office together for the initial consultation a year ago. I will contact these places for the forms I need tomorrow. Thanks!

 

[anabanana]

You may want to inquire re lawsuit for malpractice, but it will depend on the evidence.

And it will depend on if he's got insurance. If he's not carrying malpractice insurance, you probably won't find anybody to sue him for you no matter what he's done.

 

[daddenied]

I received my file, but....

What I received from my attorney who abandoned me was all the paperwork I ever sent him. There is nothing more. Shouldn't I have received at least some type of record of his correspondence with my ex, as he states about 3 hours total was spent with her hashing things out, etc... ???? I cannot believe this happened to me! There is nothing in the file that gives me any indication of what he did for me? There is not even a copy of any filed motions (there were 2 done while he suppposedly represented me)...he also states he never formally put himself down as my representative so I didn't have to file a substitution of attorney, which he signed anyway and I filed and served anyway. PLEASE help. No one seems to know what to say to me, and everyone just directs me to the bar for the forms you told me to get, but will I need representation to get some of my monies recovered if any? I don't have a copy of the retainer agreement right here, but tonight I will try to post it so you can look at it and tell me if I even have a case or if he was allowed to just leave me hanging the way he did. Also, the lie he told me about having the courst continue my Feb. 2005 hearing to July 1st to have all issues heard at the same time. I wrote the clerk and sent a check asking for a copy of the transcript of that hearing, and they sent the check back with a note stating that the Feb. 2005 hearing was taken off of calendar per the request of the parties. ???? That was NOT what happened, or at least NOT what the attorney told me happened when he called to tell us of the hearing. I don't have the money to hire another attorney and it seems better off that I try to do it on my own with the expectation that I will fail or the courts will not hear me as usual...at least I won't be out $4000 to pay an attorney who did more harm for me than anything. I'm also embarrassed to admit this, but I am afraid that Attorney P will retaliate and it will affect the results of my case. He is also a Pro Tem judge. Should I be worried? Should I wait to file paperwork regarding this issue? I ask that, but if I wait until all of my drama from my ex dies down, it will be forever before anything is done on this. Please let me know what you think.

Thanks!

 

[rmet4nzkx]

What I received from my attorney who abandoned me was all the paperwork I ever sent him. There is nothing more. Shouldn't I have received at least some type of record of his correspondence with my ex, as he states about 3 hours total was spent with her hashing things out, etc... ???? I cannot believe this happened to me! There is nothing in the file that gives me any indication of what he did for me? There is not even a copy of any filed motions (there were 2 done while he suppposedly represented me)...he also states he never formally put himself down as my representative so I didn't have to file a substitution of attorney, which he signed anyway and I filed and served anyway. PLEASE help. No one seems to know what to say to me, and everyone just directs me to the bar for the forms you told me to get, but will I need representation to get some of my monies recovered if any? I don't have a copy of the retainer agreement right here, but tonight I will try to post it so you can look at it and tell me if I even have a case or if he was allowed to just leave me hanging the way he did. Also, the lie he told me about having the courst continue my Feb. 2005 hearing to July 1st to have all issues heard at the same time. I wrote the clerk and sent a check asking for a copy of the transcript of that hearing, and they sent the check back with a note stating that the Feb. 2005 hearing was taken off of calendar per the request of the parties. ???? That was NOT what happened, or at least NOT what the attorney told me happened when he called to tell us of the hearing. I don't have the money to hire another attorney and it seems better off that I try to do it on my own with the expectation that I will fail or the courts will not hear me as usual...at least I won't be out $4000 to pay an attorney who did more harm for me than anything. I'm also embarrassed to admit this, but I am afraid that Attorney P will retaliate and it will affect the results of my case. He is also a Pro Tem judge. Should I be worried? Should I wait to file paperwork regarding this issue? I ask that, but if I wait until all of my drama from my ex dies down, it will be forever before anything is done on this. Please let me know what you think.

Thanks!

Please file your complaint with the local bar association for the fee dispute and also with the state on the ethics issues, now that you have a copy of your file, make a copy of everything in it as it was returned to you, ASAP, you can always amend it as you obtain the evidence of what was omitted or withheld.

Contact his office and ask for copies of everything he failed to give you, not just the items you sent him.

Call the local bar association, explain what happened they can assist in getting him to return your entire file.

Then, go in person to the courthouse and get your file in the court house and get copies of everything in the file, including all filings, every page in addition to a print out of the computer case file, it is possible that the clerk will do this by mail if it is large because it takes time and will give you the cost to copy, but it is best if you go there in person but also to find out ahead of time, so you will know exactly what happened when.

If this attorney has been a pro temp, call the office of the presiding judge to place a formal complaint. The local rules may have something re this process.

DO you have a copy of your retainer (check) both sides, if not, get it from the bank, what is in the memo field? Do you have a copy of the representation agreement? Bills and or receipts?

Have you always dealt with the attorney or with some associate or paralegal?

It is possible that instead of comming into court, your ex and attorney came to an agreement for the 7-1-5 hearing, ahd the Feb hearing taken off calender and calendered for July, you will know when you get the file from the courthouse exactly was was on calender in Feb and what was reset for July, it is possible that it was a clerical error in which case that can be handles as well.

Once you discover the extent of this then you can start looking for an attorney to handle a potential malpractice lawsuit, in the mean time you still need to work on your motions for your Sep. hearing.

 

[daddenied]

Please file your complaint with the local bar association for the fee dispute and also with the state on the ethics issues, now that you have a copy of your file, make a copy of everything in it as it was returned to you, ASAP, you can always amend it as you obtain the evidence of what was omitted or withheld.

Contact his office and ask for copies of everything he failed to give you, not just the items you sent him.

Call the local bar association, explain what happened they can assist in getting him to return your entire file.

Then, go in person to the courthouse and get your file in the court house and get copies of everything in the file, including all filings, every page in addition to a print out of the computer case file, it is possible that the clerk will do this by mail if it is large because it takes time and will give you the cost to copy, but it is best if you go there in person but also to find out ahead of time, so you will know exactly what happened when.

If this attorney has been a pro temp, call the office of the presiding judge to place a formal complaint. The local rules may have something re this process.

DO you have a copy of your retainer (check) both sides, if not, get it from the bank, what is in the memo field? Do you have a copy of the representation agreement? Bills and or receipts?

Have you always dealt with the attorney or with some associate or paralegal?

It is possible that instead of comming into court, your ex and attorney came to an agreement for the 7-1-5 hearing, ahd the Feb hearing taken off calender and calendered for July, you will know when you get the file from the courthouse exactly was was on calender in Feb and what was reset for July, it is possible that it was a clerical error in which case that can be handles as well.

Once you discover the extent of this then you can start looking for an attorney to handle a potential malpractice lawsuit, in the mean time you still need to work on your motions for your Sep. hearing.

I've had a busy week with work and school starting that I finally have time to reply. I can't remember if I already replied, but we (my girlfriend and I) always spoke directly to the attorney. My check has retainer fee written on the memo of it and I have a copy of it. I'll give you an update as things progress. Wish me luck.