What is the name of your state (only U.S. law)? FL
Hired an attorney to handle a divorce which later was dismissed. Wanted the case refiled and it was never done inspite of my multiple request to do so. 2 months after I had already requested to have my divorce refiled my husband withdrew from a retirement account without my signature/permission which if divorce had been refiled would have been in direct violation of a court order. Reason lawyer gave for not refiling was that they were holding out for an new retainer payment although the funds in my existing trust had not been exhausted and there was more than enough funds available to have had the case refiled. When I inquired as to why my case was not refiled, the lawyer claimed they had tried multiple times to contact me regarding the new retainer payment and accused me of avoiding payment. This is untrue however, and I provided the lawyer with the last 13 emails between us over the course of 3 months and not only was a new retainer fee never asked for but the last email from the lawyer stated that my case was being handled and that I would be contacted if more info was needed for discovery. Not only did I lose out on the money I would have been awarded from the retirement account but I am also out the money paid to this lawyer and I had to now take out a loan to be able to retain another lawyer to handle my divorce. Question is do I have a case for malpractice and/or a complaint for the bar association?
Hired an attorney to handle a divorce which later was dismissed. Wanted the case refiled and it was never done inspite of my multiple request to do so. 2 months after I had already requested to have my divorce refiled my husband withdrew from a retirement account without my signature/permission which if divorce had been refiled would have been in direct violation of a court order. Reason lawyer gave for not refiling was that they were holding out for an new retainer payment although the funds in my existing trust had not been exhausted and there was more than enough funds available to have had the case refiled. When I inquired as to why my case was not refiled, the lawyer claimed they had tried multiple times to contact me regarding the new retainer payment and accused me of avoiding payment. This is untrue however, and I provided the lawyer with the last 13 emails between us over the course of 3 months and not only was a new retainer fee never asked for but the last email from the lawyer stated that my case was being handled and that I would be contacted if more info was needed for discovery. Not only did I lose out on the money I would have been awarded from the retirement account but I am also out the money paid to this lawyer and I had to now take out a loan to be able to retain another lawyer to handle my divorce. Question is do I have a case for malpractice and/or a complaint for the bar association?