Legal Question in Legal Ethics in Maryland

Laywer malpractice?

I retained an attorney to represent me in a child name change case. The attorney did not file the paper work I paid for them to do and the name change was granted.

I have now for the past year been paying this attorney to litigate this case and have the name changed back, which should never have happened in the first place if they would have filed the papers when I retained them.

I have now spent 3 times what was originally quoted as a result of this attorneys error and they now want more fees to complete the case.

Do I have any options other than continue to pay fees for this attorneys mistake?

The original fee of $2500 I could afford but now I have spent $8000 and they are requesting $5000 more. Please help!!


Asked on 2/20/08, 12:36 pm

3 Answers from Attorneys

Heather Bupp-Habuda Ethics Advisor

Re: Lawyer malpractice and unethical conduct?

You have several options, not the least of which is asking for the attorney to disgorge (give back) the unethical fees charged, file a complaint with the Virginia State Bar to seek professional discipline, and/or file in court a legal malpractice action.

If you have further questions, let me know. Conduct of this type does not have to be tolerated.

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Answered on 3/13/08, 1:21 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Laywer malpractice?

$2500(now inflated apparently to $13K) for a name change which you could've done yourself for almost nothing by picking up a packet of forms with instructions from the clerk's office of your local circuit court which explains how to do a name change for a minor without engaging the services of an attorney?

You should send written demand for an immediate refund of all monies that you've paid in excess of the orignial agreed upon amount($2500),and if such is not forthcoming, then file a complaint with the Virginia State Bar

against the lawyer(s) involved based upon their apparent negligent mishandling of the matter for which you hired and paid them and their subsequent unsconscionable demands for further compensation which has not been duly earned.

(See www.vsb.org.)

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Answered on 2/20/08, 2:08 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Laywer malpractice?

Yes this appears to be malpractice. Contact me immediately to address this matter.

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Answered on 2/22/08, 2:06 am


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