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naj
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(Platinum)
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01/21/08 06:34 PM
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72.95.102.143
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attorney failed me
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My attorney told me I would get this and that and when we went to mediation he did nothing I did the negotiating and he was willing to do what ever X's attorney said. Do I have any recourse against him (attorney)?
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Samsung
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(Platinum)
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01/22/08 09:07 AM
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71.214.155.88
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Re: attorney failed me
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Can you give more details? Was what you were asking for reasonable, and within the scope of the law?
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naj
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(Platinum)
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01/25/08 04:47 PM
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72.95.102.143
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Re: attorney failed me
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during mediation my attorney suggested nothing she was willing to accept what ever he asked for or didn't. I was getting a monthly check from X of 150.00 I asked for more not the attorney and I disagreed with the values placed on the real estate I did not think they were fair she said nothing. I do not think she had my interest at all. I am disabled and have been for 7 yrs I will not be able to work forever and after 35 yrs I must deserve something.
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Jada
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(Platinum)
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03/15/08 06:19 AM
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69.115.64.195
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Re: attorney failed me
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Yes, you can fire your attorney.
Other than that, I don't think you have recourse.
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faith4two
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(Platinum)
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03/15/08 06:24 AM
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66.169.163.142
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Re: attorney failed me
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Before I'd outright fire my attorney, I'd follow up with a phonecall to ask WHY things transpired the way they did. Are there some rules of engagement that keep the attorney from stepping up (I don't know as I haven't made it that far). Perhaps the opposing counsel uses aggression as a tactic, whereas yours does not.
And I hope that you didn't agree to anything if you felt that strongly. I can see that tactics used in mediation could very well include a staunch position just to wear someone down.
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KGrow
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(Platinum)
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03/15/08 09:03 AM
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24.8.144.220
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Re: attorney failed me
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Attorneys will do what they think you want them to do for you. But they are not mind readers. You have to tell them what you want them to do. As soon as you felt unsupported, you should have asked for an intermission from mediation and had a private discussion with your lawyer.
Does your lawyer know that you are disappointed? First step would be to have a debriefing with your lawyer. Also, you should know that it is normal to have a, "What have I done?" feeling after negotiations. The definition of a good agreement in divorce is that both parties feel like they got a raw deal.
At this point, what you can do is try and renege on agreements you made in mediation. Depending on the framework for mediation you may not even need a justification for doing so or you may need to claim you were inadequately represented.
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Re: attorney failed me
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I agree with the other posters. Unfortunately, I do not think you have any rights to "sue" him. All he will do is say that he simply followed what you two discussed and he completed his part of the arrangement.
I would speak to him. Ask him why he didn't do what you discussed. Name the things you wanted, remind him of the things you discussed and get some answers. If he's completely dumbfounded at your frustration, maybe he can somehow "fix" his mistakes by contacting your spouse's lawyer and changing some things?
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