Legal Question in Family Law in Louisiana
I signed a consent judgement along with divorce papers. I just found out that the attorney did not file the consent judgement for a year after it was signed. Can a lawyer with hold that document for a year without filing it in court? According to the court it was submitted but didn't get filed because a fee for filing was not paid by the lawyer.
1 Answer from Attorneys
An attorney has a duty to cause no harm to his client. However, the filing fee is usually paid by the client to the attorney, along with whatever fees the attorney charged for the matter. The attorney then tenders it with the papers being filed. If the attorney described was not your attorney, you will need to know if all fees were paid to the attorney prior to filing. This could inclue filing fees, other costs owed or attorney's fees. If this was your attorney and you had paid all fees owed for the matter, then you should contact the Louisiana State Attorney Disciplinary Board.
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