Legal Question in Family Law in Mississippi

Attorney Error

I retained an attorney in 1999 to handle my divorce. In January 2004 I took my ex back to court to resolve an issue related to the divorce. The judge discovered I was not legally divorced. The attorney I used did not complete and have us sign a separte property agreement, which the judge says is required by Mississippi Law. What recourse do I have for getting the fees paid to the attorney back other than hiring another attorney? It seems any attorney practicing has an obligation to know the law related to any matter he undertakes. I wrote to the attorney and he offered to re-do it correctly. I could not accept his offer with confidence and had to pay another attorney. I had remarried (thinking my divorce was handled correctly). This has caused my new spouse and I to have to re-marry. I know of another instance where a conservatorship was not handled in accordance with Mississippi law and has now become a problem. While I realize attorneys are human and make mistakes, it seems there should be some recourse for a client to take when the attorney simply did not know and did not consult the law.

Thanks


Asked on 5/12/04, 4:26 pm

2 Answers from Attorneys
David Waldrop Holley, Waldrop, Nearn & Lazarov P.C.

Re: Attorney Error

You should contact the Mississippi Bar Consumer Section for help in your fee dispute.

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Answered on 5/13/04, 9:14 am
Albert Pettigrew Law Offices Ph 228-875-8736

Re: Attorney Error

The Bar is an option but you should first write the attorney to request a copy of your file and a refund if he does not have a reason for not filing a psa. The usual response time for routine letters is 30 days, but you should request a response by a reasonable and certain date.

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Answered on 5/13/04, 9:51 am


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