My question involves medical malpractice in the state of: California
I sought an attorney in family law to handle my child custody case. Now that it is all over I understand my rights at the time of initially visiting and hiring my attorney and believe the attorney acted unethically in order to gain financially from me by charging me a substantial amount of money on a case that he knew would go no further. I live in California and my ex lives in Nevada with my children. When I hired the attorney my children had resided in Nevada for the previous 6 months prior to the onset of my case, making Nevada have jurisdiction over the matter. Rather than advising me of the UCCJEA law and the "home state" rule and suggest I go to Nevada to start my case because they would have jurisdiction, the attorney charged me $5000 and the money was exhausted within an 8 day period. Not only was it exhausted but an additional $1,300 was charged. In review of our agreement it states that the retaining fee of $5,000 would cover me for court costs of filing for custody and throughout the case. However if the case went to trial the amount would increase. Within the 8 day time frame the attorney made one phone call to the police department for me and filed the necessary paperwork to start the case.
Due to my having faith in this attorney I have lost all of my savings just fighting for jurisdiction, in which obviously it was a no win situation. My question is, does this sound like it is something that I can go to the State Bar with and file a formal complaint against the attorney? What do you think the chances would be of getting some or all of my money back?
I sought an attorney in family law to handle my child custody case. Now that it is all over I understand my rights at the time of initially visiting and hiring my attorney and believe the attorney acted unethically in order to gain financially from me by charging me a substantial amount of money on a case that he knew would go no further. I live in California and my ex lives in Nevada with my children. When I hired the attorney my children had resided in Nevada for the previous 6 months prior to the onset of my case, making Nevada have jurisdiction over the matter. Rather than advising me of the UCCJEA law and the "home state" rule and suggest I go to Nevada to start my case because they would have jurisdiction, the attorney charged me $5000 and the money was exhausted within an 8 day period. Not only was it exhausted but an additional $1,300 was charged. In review of our agreement it states that the retaining fee of $5,000 would cover me for court costs of filing for custody and throughout the case. However if the case went to trial the amount would increase. Within the 8 day time frame the attorney made one phone call to the police department for me and filed the necessary paperwork to start the case.
Due to my having faith in this attorney I have lost all of my savings just fighting for jurisdiction, in which obviously it was a no win situation. My question is, does this sound like it is something that I can go to the State Bar with and file a formal complaint against the attorney? What do you think the chances would be of getting some or all of my money back?
Legal Malpractice: Attorney Failed to Advise of the Law to Gain Financially
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