Legal Question in Family Law in Pennsylvania
Dear Sirs,
I hired an attorney on July 2009 for advice and support during my divorce process. He requested $ 2,500 as a flat fee that was supposed to cover Initial Support and Custody conference, all calls, communications and letters, negotiations, document preparation, etc. Additional fees were supposed to be paid for hearings, should they arise.
Shortly after the fee was paid my attorney informed me via email that he scheduled an initial Support Conference for the end of August 2009 and Custody Conference for the beginning of Dec 2009. I was attempting to contact him to follow up, however he would not reply.
In the middle of August 2009 emailed emailed me stating that he needs to cancel the hearing due to the fact that he is on vacation and asked me to contact him. I have tried to contact him numerous times via phone and email but to no avail. He was returning neither my emails nor my phone calls.
Finally, on October, 2009 after numerous failed attempts to communicate via phone and email I have sent him a message demanding an explanation and informing him that I am planning to discontinue his services. I promptly received an email from him where he states: �the conference is to be rescheduled by Court Administration. I have no control over when a conference is scheduled�. This information is false.
I physically went to the Family Court on Oct 2009 in order to reveal true circumstances. There I was informed that:
� initial support conference was never officially cancelled by Mr..., it was regarded as a �no show�
� my attorney has never attempted to reschedule a new conference
� no petition for divorce has ever been filed and my husband was never served.
I was also informed that in the meantime my husband, was present in the court and informed the court representatives that I am �refusing financial support�. All this due to the extreme negligence and misleading statements of attorney: the lawyer I hired to fight for my case and to guide me through my divorce.
I proceeded to schedule the support conference myself by filling out appropriate forms and paying a $10 fee and was promptly given a new date of. I have also followed up with an email to lawyer stating that his services are discontinued.
This lawyer not only failed to fulfill his most basic work responsibilities, but also provided me with FALSE information. He severely mishandled my case, which resulted in serious financial and emotional hardships on my behalf. He suggested that I continue working with him, but I cannot work with an attorney who lies to a client.
In my email I requested him to provide me with a complete copy of my file, unused portion of the fee he was paid and complete accounting of all services rendered, which is my right as a consumer. I gave him 10 calendar days. This request was ignored in its entirety.
Currently I am left with no financial resources to hire a new lawyer. Most of $2500 flat fee was NOT earned by any means. Lawyer has done absolutely nothing for my divorce case, except for scheduling Custody Conference. The contract that was signed between me and Mr... clearly states that the client will �owe for the services provided�. In my case, lawyer not only repeatedly refused to provide most of the services I paid for, but was also hurting my case by not communicating with me properly and providing misleading information.
Given the circumstances under which lawyer collected and retained my fee I consider his actions to be a theft. I need to be reimbursed for the services I did not receive. I lost time, money; I am broken down emotionally and financially. I also need to find a way to file divorce petition without any legal support because I cannot afford it.
What would be your advice in this situation? what would be the fastest way to get my money back, sue that lawyer and start my divorce process?
Regards,
Mara
1 Answer from Attorneys
You do not indicate it what county all this transpired but I am assuming based on your zip code that it was in Philadelphia. There is a fee dispute panel in which you can file a claim or complaint in most counties. I would suggest you call the philadelphia bar association to get the information of where you file.