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My former divorce attorney filed a Lien, against the marital home - After she emailed me she'd NOT seek a lien.

Cumming, GA |

I hired a family law attorney, who literally did nothing with my case, but collect money from me. For one Temporary Hearing, (in which she chose to attend and withdraw), I have paid @5000.

Before withdrawing, email were sent back and forth and she said (in email) that she'd not do any more work on my case, nor would she seek a lien on the marital home.

I was notified yesterday, that she did anyway. Seeking @7000 more in fees, for her having to be in court to have her withdrawal signed. The Judge's calendar had been full, and he moved the court date. She is billing me for this time. I find it erroneous, and unethical. She also billed me for drive time, and visit time when she came to the detention center after my husband filed a false police report, to "offer moral support"

What action can I take against this lawyer, for her erroneous billing and lack of ethics?

Attorney Answers 2

Posted

You didn't ask a question, so it's hard to respond to your post. But let me mention that the State Bar of Georgia has a fee dispute panel, and if you wish to pursue the dispute that is where you will get help, starting by making a written complaint there. http://www.gabar.org/committeesprogramssections/programs/upload/cap_intake_form.pdf

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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5 comments

Asker

Posted

Oh gosh...I sure didn't. I had it in my head as I was typing, and then forgot to ask it. My question, what is my legal recourse here? Can I file a motion to dismiss her lien, based on facts and evidence I have?

Glen Edward Ashman

Glen Edward Ashman

Posted

It would likely be far cheaper and more productive to do your State Bar fee complaint. That may resolve this quickly.

Asker

Posted

Is there a specific timeframe to do this? She withdrew in December, but I have e-mails with her saying 1. She'd no longer work on my case, but did anyway. 2. I've e-mails with her saying she'd not seek a lien. . .

Glen Edward Ashman

Glen Edward Ashman

Posted

You haven't hit any deadline yet, but the sooner you ask the sooner this gets worked out. Most attorneys do not want bar disputes, so that often helps.

Asker

Posted

Thank You!!!!!!!!!

Posted

If you have not yet spoken with the lawyer about your concerns, you should write her a letter, certified mail, explaining what you think (in a professional way) about the fees.

If you have spoken with her then you should go ahead with a fee dispute as noted by my colleague. If you feel she was unethical, report her to the disciplinary board for ethical violation.

I am licensed in Pennsylvania. Members of my firm are licensed in various states, including Pennsylvania, New Jersey and New York. We handle cases involving personal injury (car accidents slip and falls, etc.,) medical malpractice, nursing home abuse, workers' compensation and social security disability. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance.

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