Legal Question in Legal Ethics in Florida

Possible misrepresentation

I hired a lawyer for post divorce child support modification. The case has gone on for months. There was a contempt hearing that I was told I did not have to be at and that my ex did not go to either. I have since found out that my ex was there and that the other attorney said the outcome would have been different had I been there. I was also told that my attorney was ill prepared and did not give my side of the story. Mediation was a joke and I have since come to an agreement with my ex that we can both live with. So my question is once we get the lawyers to write this agreement up and the judge okay's it how should I deal with my lawyer? During mediation he walked out and left me to my own devices, he charged me almost $4000. to ''represent'' me, he cancels appointments without notifing me, in fact I have to call him if I want to know what is going on. I further found out that he was told by the judge that he needed to confer with my ex's attorney about the remainder of the money they feel they are owed by a certain date or I am in further contempt...to date he has not done this and I was not made aware of this by his office, but by my ex. I feel I was not represented at all and I want my money back!! Should I sue?


Asked on 1/01/07, 5:56 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Possible misrepresentation

I would encourage you to sit down and have a frank discussion with your lawyer. Detail your concerns and complaints and ask for a refund of some amount (certainly, he has done something of value, so a full refund would seem unfair).

As a practical matter, since there is only $4,000 at issue, it isn't economical to sue. As with any suit against a professional, you would need the testimony of another in the same field to testify that there was negligence. The cost of the required expert testimony and the fees to bring the suit would almost certainly exceed the amount that you coud recover.

As for the issue still pending, be sure to contact him by fax in writing to make sure that he deals with that issue in a timely manner.

If all else fails, you can file a grievance with the Florida Bar -- but that is designed to handle ethical violations, not negligence.

Good luck.

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Answered on 1/01/07, 7:15 pm


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