Legal Question in Legal Malpractice in Maryland

Filing acompliant against a Lawyer

A Lawyer was hired to represent me in my divorce. A retainer fee was given of 2500.00 dollars. The Lawyer was there for my child support hearing. I expressed to him that I did not feel he had prepared me for the hearing. I was under the impression that it was to be a Mediation hearing to discuss what the each of us wanted property, child support, etc. To find out once there that it was soley for child support. My husband makes 75000.00 yearly and I make 27000.00 yearly. But that issue was not discussed his attorney went by the book and the order was set by a standard scale. When I later spoke to my attorney that I am unable to maintain bills and is there something that can be done. This message was left on his answering machine. He never returned my calls until finally a senior attorney answered one of my calls and stated that my Lawyer no longer wants to be my lawyer because I am to needy and he is not a bill collector. I am left with no money to attain another Lawyer and my bills are in arrears, child support services have sent back my application becasue he has also failed to submit a Court order. I recievec a letter recently, from the senior attorney canceling a interrogatory meeting until I am available. Pls help


Asked on 12/26/07, 2:59 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Filing acompliant against a Lawyer

Your lawyer should have, and perhaps did explain to you that the amount of child support that the noncustodial parent is required to pay is largely a function of the respective parents' gross income from all sources. Thus, if his income is $75k and yours is $27k, he is required to pay @75% of what is required under the child support guidelines, plus the same percentage for any day/child care expenses. There are a few other factors but that is essentially how it works. Judges have limited authority under the law to deviate from the guidelines and rarely do so.

There certainly is no excuse for the lack of communication from your lawyer, and it sounds like your relationship with him has become strained to the point of becoming ineffective. You should seek another lawyer and ask for an accounting for the time your lawyer has spent to see if you are entitled to any refund of unused retainer. You may be financially eligible for a reduced fee lawyer through your county bar association lawyer referral service if they have one where you live.

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Answered on 12/27/07, 9:16 am


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