Legal Question in Family Law in Indiana

Lawyer malpractice

I hired an attorney for my two year divorce case. By the time we went to court the attorney was very frustrated with my ex. I paid the attorney approximately $45,000.00. Because my attorney wrote the divorce settlement very vague, my ex has taken advantage of every part of it. Two years later I am still in court with my ex for contempt. I fired my attorney because he wouldn't file the contempt in a timely fashion, and then asked the judge for two seperate extensions because he was going on two seperate vacations. Now that I am trying to do this myself, my old attorney will not give me file. He said I still owe him money for filing the extensions! I am due in court and I can't get the important papers he has. How do I get my file? I don't think I owe him anything, and I told him that! He's the reason I am still in court!


Asked on 3/09/09, 12:15 pm

1 Answer from Attorneys

Re: Lawyer malpractice

A lawyer has a right to retain a client's file if money is owed. This is called a lien. If you feel that there is a disagreement in terms of the bill and what you have paid, sone local bar associations have fee dispute procedures in place. You should check for your county.

One way to get around the problem is to go to the courthouse and have copies made of all documents filed.

If you can document that you have paid the bill in full and he still refuses to provide the file to you, you can go to the Indiana Judiciary Web Site and file a complaint.

Good luck

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Answered on 3/09/09, 12:22 pm


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