Legal Question in Family Law in Indiana

Use of $$ paid for Dissolution

On 6-17-03 I paid cash to an attorney for Dissolution of Marriage for my brother. My receipt states this as well as a zero balance. This attorney also represented my brother in another non related case resolved in 9-2003, but fees are still owed. Nothing has ever been started towards the Dissolution, and the attorney has stated that he will use the funds I paid specifically for the Dissolution towards the fees owed on the second case. Can he actually do this? I would appreciate any advice you can offer in this matter. As of today, my brother is still not divorced and I would like to know what my chances are of going to Small Claims Court to get back the money I paid for the Dissolution.


Asked on 12/07/03, 10:54 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Use of $$ paid for Dissolution

Most judges will view your payment of fees for your brother as a gift to your brother - not a gift to the attorney or as creating any special contract between you and the attorney that would give you the right to complain about how the funds were used. Your brother, if he so desired, could lodge a complaint against the attorney under the theory that you made a gift of the money to him and the attorney failed to do the job he was paid to do. Somehow, I doubt that your brother will do this. You could report him to the disciplinary commission, however, I suspect you will run into problems doing that too as the commission will also look at this as an agreement between your brother and the attorney.

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Answered on 12/08/03, 11:09 am


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