Skip to main content

Should I get a refund due to a mistake done by my lawyer while representing me in a family court?

Newark, NJ |

I consulted a lawyer to review my Child support calculations. Lawyer suggested to file a motion becuase the court used the wrong worksheet (sole). Lawyer prepared motion attaching correct proposed worksheet (shared wkT) and sent motion to court using as a based the self support test line 36. I give him 1.5K as retainer without signing any contract. After long nights reading the guidelines I noticed that his line 36 is incorrectly calculated. I told him but he got upset for my lack of trust in his work. If i we go to court and Judge dismissed my application due to lawyer's error should I get a refund? I understand lawyers can't guarantee outcome but i rely 100% on his knowledge.. Please advice

Attorney Answers 2


  1. I don't know about a refund, but you should discuss with your lawyer. Importantly, however, we are all required to enter into written retainer agreements prior to undertaking family part work. Required content is set forth in the Rules of Court.

    This answer is provided for educational purposes only. By using or participating in this site, you agree and understand that there is no attorney-client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State having jurisdiction over your matter, and who has experience in the area of law you are asking questions about, and with whom you would have an attorney-client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State having jurisdiction over your matter.


  2. You should discuss this issue with your attorney. You don't state any reason as to why the the motion would be dismissed. Perhaps your attorney can file an amended motion.

    This answer does not constitute the establishment of an attorney/client relationship nor is there any guarantee that this advice will be completely effective in a court of law. A consultation, including review of court orders and other documents is necessary in order for me to give you proper advice and guidance.

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics