Mediation and Lawyer Misrepresentation

[countrygal]

I apologize for the length of this one!! My state is Kentucky..........

My divorce was final in February, however, we have issues still yet to be resolved. Our mediation was in November and while some things were settled, not all issues were agreed upon. The main thing left unsettled is who will pay my atty. fees. My exhusband and I were married 15 years. I have been a housewife my entire life. (This includes 13 marriage to 1st husband) My ex made $80K last year, while I grossed $0! He left me and our two children (ages 11 and 8 now) last June. At that time, I consulted an attorney who assured me that my ex would be responsible for my attorney fees. I assured her that if not, I would not be able to afford one and she again told me not to worry, that he would be made to pay them. So I went to the bank and acquired a short-term note to cover her retainer and hired her as my attorney. Now, many months later, this issue is still open! Even after mediation, it is still undecided. Now, the problem is, that the mediator is saying that during mediation, I agreed to pay for my own attorney fees in exchange for a piece of property that we owned. That is totally ludicrous! I would have never agreed to that. I also have in my possession, a copy of the mediator's notes that were to be typed and sent out with all issues listed that we agreed upon. In those papers, it clearly states that I was to keep that property FREE AND CLEAR. Besides the fact that I never verbally agreed to what the mediator and my ex and his atty. are saying I agreed to, it is not in writing anywhere and my signature is nowhere indicating this to be what I agreed to. How can this even go before a judge, since it isn't on paper with my signature? The mediator is now deposing my atty. to testify. If he does this, I will have to seek other counsel. I can't afford THIS atty.! What can be done in this situation? Can I sue my atty for misrepresentation since she has gotten me nothing of what she had promised me during consultation? It is like she lured me in with her speech of what he would be forced to pay and what I would receive and once I retained her and paid retainer fees, she could care less about what I really get. Any help would be greatly appreciated. Thanks!!

 

[dorenephilpot]

I'm an attorney in Indiana, so my answers will reflect that:

First, an attorney cannot ever guarantee you an outcome. For instance, an attorney cannot promise you that your ex will have to pay your attorney fees. She can say it's highly probable, but that's not within her power to grant it herself, so she cannot promise it to you. If she did, she was out of line.

If that issue is not decided by mutual agreement or in mediation, then the judge would decide it. In fact, that decision is usually saved till the final hearing. I'm not sure why you say the divorce is final but that that issue hasn't been resolved.

If there in fact has not been a final hearing, then when you go to the final hearing, you need to bring up the fact that you did NOT agree to paying your own attorney fees and wouldn't have, given your financial circumstances.

I know you feel that you cannot afford another attorney, but really you do need one. Can you get a referral from a friend? Alternatively, you could go to family court and watch attorneys in action and ask for a card from someone you see who impresses you.

I know attorney fees are expensive, but if you handle this on your own, you're likely to get the shaft.

Again, I'm from Indiana, so my answers reflect only Indiana law....