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2 Bumps

Lawyer forgot to file divorce papers?!?!

My laywer was supposed to file divorce papers May 3rd of this year. He told us he would have them filed, and that by July 3rd they would be finalized, and a few days later we should both receive a copy of the divorce decree. Well I haven't received the divorce decree so I called the court this morning to check on things. They told me they have no files with my name on there. Turns out for some reason or another my lawyer hasn't filed them. I am so irritated! I called his office and his secretary said he must have "forgot" and that she would have him call me but it looked like he'd have to go bring them in, which means I have to wait another2months to be divorced. Anyone know if there is anything I can do about this? I've paid this lawyer over $1500. I expected him to do what he said he would! Thanks!

Answer Question

Asked by Anonymous at 1:12 PM on Jul. 7, 2010 in Money & Work

Answers (9)
  • Wow, I would be so angry! I would want some of that money back too! You can't "forget" stuff like that!

    Answer by CAGirl4 at 1:16 PM on Jul. 7, 2010

  • Report him to your state Bar Association. You may even be able to sue for malpractice. Good luck!

    Answer by Katt709 at 1:17 PM on Jul. 7, 2010

  • I would report him to the Bar Association AND take him to small claims court to recover your filing fees--assuming he doesn't refund your money!

    Answer by LoriKeet at 1:20 PM on Jul. 7, 2010

  • wow quick divorce.. mine will take a yr from when it was filed which stinks.. Im in Calif.
    It is possible to report this... like with doctors you can report them to the American Medical Assoc or something like that.. Im sure they have one for lawyers too . Other than that there is really nothing you can do unless you want to hire a different lawyer and unfortunately pay another arm and a leg for his/her services too.

    Answer by Shaneagle777 at 1:21 PM on Jul. 7, 2010

  • thats it the Bar Association thanks ladies.. I couldnt think of the name lol

    Answer by Shaneagle777 at 1:22 PM on Jul. 7, 2010

  • Not only would I report him to the ABA, I would request either a partial refund (no less than half back) or a full refund ON TOP of him still filing the paperwork. I bet you are peeved, and I wish you the best. Truth be told, $1500 seems high. I don't know how much money you have in assets, but I would search the local fees in your area-- if that seems excessive I would report that too.

    Good luck!

    Answer by OmbreGracieuse at 1:27 PM on Jul. 7, 2010

  • I would ask for half back (because after all he did actually work on your case). I would livid if I were you. If he would not give me some money back then I would take further action.

    Answer by kc932 at 1:33 PM on Jul. 7, 2010

  • A two-month delay doesn't constitute malpractice (at least not in my state). Not much you can do except grind your teeth - why the rush? Getting ready to date someone else?

    Answer by tasches at 2:02 PM on Jul. 7, 2010

  • As most of the posters said, Id definitely report him to the Bar Association. That's not right for him to "forget" to file your paperwork when he said he would.

    Answer by tanya777 at 3:54 PM on Jul. 7, 2010

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