Long story short , I paid an attorney retainer fee and he literally dropped the ball on me and failed to tell me court date so judgement was placed on my corporation and me personally . I have all documentation to prove all this and even where attorney placed retainer fee in his personal account.
Depending on how the contract says the retainer was earned, putting it in his personal account may not be a problem.
But if you were not informed of court dates that is a problem. Contact a legal malpractice attorney to discuss your options.
If the retainer paid was an hourly or flat-rate retainer, the lawyer's depositing it into his personal account is permitted; this would be a problem only if the retainer was an advance payment, and parts of the retainer had not been earned when the funds were deposited. Have you discussed with your lawyer the possibility of moving to set aside the judgment under Rule 60? This might apply in some circumstances, and is worth a try if this was relatively recent. Otherwise, this might raise an issue of legal malpractice, as Attorney Love indicated in his answer. I hope that something can be done, if not too much time has passed, to obtain post-judgment relief from the court. Best wishes to you in 2019.
You might be able to pursue a motion to set aside the judgment. Get a new lawyer to help you with that.
You may also want to contact the NC State Bar about the attorney missing the court date and not keeping you informed. Those inactions may be violations of the Rules of Professional Conduct, in addition to lawyer malpractice.
This answer is intended as general information and not as specific legal advice.
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