• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Lawyer doesn't know the law??

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

libertiana

Junior Member
What is the name of your state?This case is in North Carolina

I went to a lawyer to see about getting my name changed. I had changed it previously (family disowned me) and wanted to change it again (originally I had modified my name instead of changing it altogether, to appease members of the family with whom I was still in touch, but since then, we've cut all ties with each other).

I informed the lawyer at our first meeting about my previous name change and the circumstances. He said I could change my name again, no problem. He took my money (about $300, considered a 'non refundable retainer') and initiated the paperwork. I submitted the affidavits of the witnesses and about two months passed before I heard back from the lawyer.

He stated in a letter that the clerk of court informed him that in NC, adults can only change their names one time, while minor children can change theirs twice. :eek: I was shocked to learn this, as if the lawyer had been familiar with the letter of the law at our first consult, I could have been saved 2 months and about $300. :mad: This is aside from the depression and anguish at learning I will, for the rest of my life, bear names reminding me that I no longer have a family. :(

I went to the lawyer, trusting that he knew the law and would have informed me during the initial consult if a name change wasn't possible. Instead, we have the clerk of court informing him of the law. Is this legal malpractice?

Thanks.
 


S

seniorjudge

Guest
libertiana said:
What is the name of your state?This case is in North Carolina

I went to a lawyer to see about getting my name changed. I had changed it previously (family disowned me) and wanted to change it again (originally I had modified my name instead of changing it altogether, to appease members of the family with whom I was still in touch, but since then, we've cut all ties with each other).

I informed the lawyer at our first meeting about my previous name change and the circumstances. He said I could change my name again, no problem. He took my money (about $300, considered a 'non refundable retainer') and initiated the paperwork. I submitted the affidavits of the witnesses and about two months passed before I heard back from the lawyer.

He stated in a letter that the clerk of court informed him that in NC, adults can only change their names one time, while minor children can change theirs twice. :eek: I was shocked to learn this, as if the lawyer had been familiar with the letter of the law at our first consult, I could have been saved 2 months and about $300. :mad: This is aside from the depression and anguish at learning I will, for the rest of my life, bear names reminding me that I no longer have a family. :(

I went to the lawyer, trusting that he knew the law and would have informed me during the initial consult if a name change wasn't possible. Instead, we have the clerk of court informing him of the law. Is this legal malpractice?

Thanks.
Yes, it is possible that this is legal malpractice. Your damages are $300. Tell that lawyer you want your money back.
 
seniorjudge said:
Yes, it is possible that this is legal malpractice. Your damages are $300. Tell that lawyer you want your money back.
It's funny...the public thinks that since we have a law degree we know everything about every law there is. If it's not an area of specialization for the attorney, the attorney quite often only has a general idea of the law and ends up having to look it up. It's incredible the number of different areas of the law there is. There's no way attorneys can know "the law" on all subjects.

Unforunately law schools are horrible at teaching lawyers how to be lawyers -both in terms of practical knowledge and the mechanics of the profession. It's unfortunate that the legal profession doesn't follow the medical profession when it comes to emphasizing specialization and internship/residency programs that would give future lawyers some practical experience. Legal education is such a joke. Lawyers kid each other that they don't learn about being a lawyer until AFTER they get out of law school.

It's insanity to give the lawyers this general degree and send them out to practice in (virtually) any area that they want to practice. It's a prescription for malpractice. Having said that, in this case the attorney should simply refund the money.

In my state, the Supreme Court said that it's a disciplinary violation for an attorney to get get paid for work they don't do for a client. Therefore, keeing a "non-refundable retainer" without doing the work to earn that retainer, would violate that. Many attorneys still do them though, probably because they are oblivous to the ethical ruling and they're never challenged on the subject.

I'd try asking nicely for your money back. The attorney may feel bad about giving you bum advice and want to make you whole. By the way, are you sure about the law? I would think the state would have built in some type of loophole in which exceptions could be made to the limit on name changes. And why is he getting his legal info from the Clerk? He needs to look up the law himself and not rely on someone who is an administrative official who may or may not have a legal background.
 
S

seniorjudge

Guest
http://www.ncsu.edu/stud_affairs/legal_services/legaldocs/Namechangeinfo.htm

Apparently, only one change of name is allowed.

"If your name has been changed before, you will have to provide an explanation of that change in your petition. N.C.G.S. ¤101-6 provides for only one name change under this statute, however, you will be permitted to resume your former name upon compliance with the name change requirements and procedures. (Also see the section on resumption of maiden name)"
 

HomeGuru

Senior Member
seniorjudge said:
http://www.ncsu.edu/stud_affairs/legal_services/legaldocs/Namechangeinfo.htm

Apparently, only one change of name is allowed.

**A: not true; read the statute.
**************

"If your name has been changed before, you will have to provide an explanation of that change in your petition. N.C.G.S. ?101-6 provides for only one name change under this statute, however, you will be permitted to resume your former name upon compliance with the name change requirements and procedures. (Also see the section on resumption of maiden name)"

**A: see the part about providing an explanation.
 

libertiana

Junior Member
Further

Thanks to all of you for responding.

The state of NC, for some arcane reason, has decided that adults only get one name change. Minor children get two. Explanations for previous name changes don't seem to alter the state's stand on allowing only one name change per adult. At least not according to the person I spoke with today at the Clerk of Court's office.

An adult can make a second name change only if he/she is going back to using the birth name. That is not an option in my case, as I have been completely disowned and no longer have a family.

I made concessions when I changed my name the first time, because I was still living with some members of the family, and did not wish to anger them. As it was, they still took the change very badly. The state of NC doesn't seem to make exceptions for cases like this. I'm sure I could go down to the courthouse and try to explain matters to the Clerk of Court, but I suspect that they would merely point me to the statute, which doesn't allow me to change to any other name now, save the one given to me at birth. Which, as I mentioned earlier, isn't an option.

I appreciate the time you took to share your wisdom.
 
S

seniorjudge

Guest
libertiana said:
... arcane reason ...
I had arcane reason once, but a dose of penicillin and a daily application of hydrogen peroxide cleared it right up! :D
 

HomeGuru

Senior Member
libertiana said:
Thanks to all of you for responding.

The state of NC, for some arcane reason, has decided that adults only get one name change. Minor children get two. Explanations for previous name changes don't seem to alter the state's stand on allowing only one name change per adult. At least not according to the person I spoke with today at the Clerk of Court's office.

An adult can make a second name change only if he/she is going back to using the birth name. That is not an option in my case, as I have been completely disowned and no longer have a family.

I made concessions when I changed my name the first time, because I was still living with some members of the family, and did not wish to anger them. As it was, they still took the change very badly. The state of NC doesn't seem to make exceptions for cases like this. I'm sure I could go down to the courthouse and try to explain matters to the Clerk of Court, but I suspect that they would merely point me to the statute, which doesn't allow me to change to any other name now, save the one given to me at birth. Which, as I mentioned earlier, isn't an option.

I appreciate the time you took to share your wisdom.
**A: not true. There are NC adult individuals whom have changed their names more than 2 times some as a result of marriage, divorce and for other reasons.
I wonder what they would say to a name change petition that read "The artist formerly known as Prince"
 
HomeGuru said:
**A: see the part about providing an explanation.
Yes, that seems like the loophole I expected to exist. Maybe you get the first name without explanation and the second name change you have to justify with an explanation. I don't care to research the issue, but what SeniorJudge quoted seems to support a second name change for cause (the explanation).
 
Last edited:

libertiana

Junior Member
HomeGuru said:
**A: not true. There are NC adult individuals whom have changed their names more than 2 times some as a result of marriage, divorce and for other reasons.
I wonder what they would say to a name change petition that read "The artist formerly known as Prince"
Well, we shall never know, as he didn't have to tangle with the NC statute (lucky him)! :rolleyes: The state of NC doesn't mind at all if I get married and change my last name to that of my husband. But if I wish to change my first and second names (which is the case in my situation), the Clerk of Court in my county is holding pretty firmly to the part of the statute claiming that I've already cashed in my one chance to change it.

Oh, and I was required to give an explanation the first time, as well as the second.

SeniorJudge said:
I had arcane reason once, but a dose of penicillin and a daily application of hydrogen peroxide cleared it right up!
Unfortunately, I don't think there a dose of pencillin, nor a bottle of hydrogen peroxide large enough to help NC's 'arcane reason' problem! :cool:
 

stephenk

Senior Member
if you are so determined to change your name, you could move to another state, obtain resident status and then change your name.
 

HomeGuru

Senior Member
stephenk said:
if you are so determined to change your name, you could move to another state, obtain resident status and then change your name.
**A: or move to another country.
 

libertiana

Junior Member
stephenk said:
if you are so determined to change your name, you could move to another state, obtain resident status and then change your name.
I considered that, but in order to have my name change reflected in my birth certificate, the state where I applied for the name change would have to send the records back to NC (where I was born) and they would reject it based on the one-change-only rule. If I'm wrong on that count, please correct me.

Thanks!
 
S

seniorjudge

Guest
libertiana said:
I considered that, but in order to have my name change reflected in my birth certificate, the state where I applied for the name change would have to send the records back to NC (where I was born) and they would reject it based on the one-change-only rule. If I'm wrong on that count, please correct me.

Thanks!
Yes, the change of name judgment changes the name on your birth certificate, SS card, etc.

You can go to another state and have your name changed and then if you moved back to NC, they would have to honor it.

It's called full faith and credit; each state must recognize other state's orders, etc. (That's an extremely limited and very general definition.)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top