Legal Question in Real Estate Law in Oregon
eviction, notice, service, change date,etc.
My attorney was on vacation.Within the small firm, the senior attorney oversees everything. One attorney is doing my divorce. Another attorney there deals with evictions. My husband resides in our home, is on disability, is mentally incompetent, and has fought selling the property by listing it as ordered by the court. I have a protection order and married 28 years and much of it was an abusive relationship, escalating the last 5-10 years. He is unmedicated for bipolar, and takes testoserone, prednisone, and self-medicates. He is unpredictable and manipulative. My attorney went to court to get an order signed to evict him. We already had a temporary one. I thought I could have sheriff serve papers. My attorney set the date of service without my okay (my son is trying to help him accept what is going on) saying they had to file more papers. I by e-mail several times instructed the eviction not be made immediately (sheriff will accompany him out on the spot) and asked for a 3-7 day delay. Atty. said I have now incurred close to $2,000 in add'l legal fees and have made him look bad to the sheriff (I fouond out he was going on vacation again and that waas reason for insistence on service this week rather than next Monday.
Ethical?
1 Answer from Attorneys
Re: eviction, notice, service, change date,etc.
Attorney ethics are very complicated as are fee disputes. There are experienced attorneys who have previously handled fee dispute cases who can help you determine whether or not an attorney has overcharged and whether that attorney should "disgorge fees." The rules of professional responsibility clearly apportion some decisions to clients, but others such as "strategy" are apportioned to the attorney. Again, there are lawyers who could evaluate your case for attorney malpractice and the bar association does evaluate ethical complaints.
Attorneys are people too. They go on vacations (not always of the hawaiian beach variety-sometimes its the more mundane absence for surgeries, family challenges, etc.). It does not sound as though there was a breach of duty to you as service was accomplished in spite of the vacations. Normally, dates of service just are-they don't require complicated planning or client consent. Your case may be different, but you will have to consult with an attorney with a lot of family law experience who is willing to evaluate this as a malpractice case.
But, before doing that, some soul searching might be in order to make sure you are making decisions in a rational manner and not remaining in codependant mode which may be the reason you feel the need to so closely monitor the situaton. Practically speaking you are trying to legally create that division between yourself and your ex. It's ok to let go of trying to manage everything for the best outcome by carefully coordinating all players walk upon the eggshells. It may not be pretty, but its time to let your ex start facing the consequences and take care of yourself.