Legal Malpractice

T

tonelab77

New Member
Jurisdiction
California
A disparity in income between myself and my ex-spouse was/is great and my ex has been ordered to pay my attorney fees in the past. My previous family law attorney told me my ex not paying attorney's fees would never be an possibility as recently as a month ago, and always told me not to worry. It obviously was a possibility, and my attorney had to know that (FC 4325). If he told me it was a possibility when he knew it could be, and when the money ran out, I would've started representing myself, because I can't afford representation, or the debt incurred from it. He kept working for over 2 years, knowing that it was a possibility that my ex wouldn't have to pay his fees, and knowing that I can't pay his fees. Well, in May of 2024, the court denied our request for attorney's fees, he withdrew his representation, and sent me a bill for almost $35k. Him not informing me that this was a possibility should be considered negligence because he breached his duty of care, and caused me injury ($35k bill).

Any insight in regards to me having a case would be greatly appreciated. Thank you.
 
tonelab77 said:
A disparity in income between myself and my ex-spouse was/is great and my ex has been ordered to pay my attorney fees in the past. My previous family law attorney told me my ex not paying attorney's fees would never be an possibility as recently as a month ago, and always told me not to worry. It obviously was a possibility, and my attorney had to know that (FC 4325). If he told me it was a possibility when he knew it could be, and when the money ran out, I would've started representing myself, because I can't afford representation, or the debt incurred from it. He kept working for over 2 years, knowing that it was a possibility that my ex wouldn't have to pay his fees, and knowing that I can't pay his fees. Well, in May of 2024, the court denied our request for attorney's fees, he withdrew his representation, and sent me a bill for almost $35k. Him not informing me that this was a possibility should be considered negligence because he breached his duty of care, and caused me injury ($35k bill).

Any insight in regards to me having a case would be greatly appreciated. Thank you.
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Why were you in court? For divorce? Custody modification? Child support? Contempt?
Why did it take over 2 years...ie...who was dragging this case out?
What is the disparity in income? What is your income and what is the ex's?
 
tonelab77 said:
my ex has been ordered to pay my attorney fees in the past. . . . in May of 2024, the court denied our request for attorney's fees
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So...at one or more unstated points in the past, the court ordered your ex to pay your fees. Correct? Did your ex, in fact, pay the fees as ordered? What period(s) of time were covered by those orders?

And then, in May 2024, the court denied a request for your ex to pay your fees. What period of time was covered by this denied request? Why did the court deny the request despite having previously ordered that your ex pay the fees?

During this time period, did your attorney send you billing statements?


tonelab77 said:
My previous family law attorney told me my ex not paying attorney's fees would never be an possibility
Click to expand...

So...he affirmatively told you that that there was NO possibility that the court would deny your request for fees? Did he do this in writing? If so, please quote one or two examples. Also, did you question this at all? Or did you just accept it because it sounded good to you?


tonelab77 said:
Any insight in regards to me having a case
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I don't know what you mean by "having a case." You don't have any affirmative claim because you've suffered no damages. You're free to refuse to pay the bill for the reason you mentioned and, if you get sued, you can use that as a basis for a defense. But you have no affirmative claim.
 
justblue said:
Why were you in court? For divorce? Custody modification? Child support? Contempt?
Why did it take over 2 years...ie...who was dragging this case out?
What is the disparity in income? What is your income and what is the ex's?
Click to expand...
All of the above. My ex is dragging it out. It's been over 5 years since it started, and I still haven't received my non-community property belongings. That's all besides the point though. Disparity in income is $12.5k vs $500 per month
 
zddoodah said:
So...at one or more unstated points in the past, the court ordered your ex to pay your fees. Correct? Did your ex, in fact, pay the fees as ordered? What period(s) of time were covered by those orders?
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Correct. Yes, my ex did pay several times. A few years was covered by those orders.

zddoodah said:
And then, in May 2024, the court denied a request for your ex to pay your fees. What period of time was covered by this denied request? Why did the court deny the request despite having previously ordered that your ex pay the fees?
Click to expand...
Correct. The period of time covered was approximately 2 years. Court denied because of a conviction from an incident where I was in a grocery store and my ex showed up, saw me, then immediately left. I had a RO and the judge says I should've left when I saw my ex, but I thought it would look like I was following her out, so I didn't. Anyhow...

"FC 4325: (a) In a proceeding for dissolution of marriage where there is a criminal conviction for a domestic violence misdemeanor or a criminal conviction for a misdemeanor that results in a term of probation pursuant to Section 1203.097 of the Penal Code perpetrated by one spouse against the other spouse entered by the court within five years prior to the filing of the dissolution proceeding or during the course of the dissolution proceeding, there shall be a rebuttable presumption that the following shall apply:

The injured spouse shall not be required to pay any attorney's fees of the convicted spouse out of the injured spouse's separate property."

My attorney should have known this and advised me when the previous money had run out. Instead he continued working after the money ran out assuming he'd get more from my ex.

zddoodah said:
During this time period, did your attorney send you billing statements?

So...he affirmatively told you that that there was NO possibility that the court would deny your request for fees? Did he do this in writing? If so, please quote one or two examples. Also, did you question this at all? Or did you just accept it because it sounded good to you?
Click to expand...
He always sent me statements, but I never had to pay them, as he knew I couldn't and he was assuming my ex would be ordered to pay him. No attorney in their right mind would keep working for someone like me, with no money, knowing I could never pay him, unless he believed my ex would have to pay him. He never told me in writing that there was no possibility I wouldn't have to pay. It was usually in person, after a hearing, when I would raise the concern. I accepted it, because he was the attorney and knew more that me. I didn't know about FC 4325, but I'm sure he must've. He a seasoned attorney.

zddoodah said:
I don't know what you mean by "having a case." You don't have any affirmative claim because you've suffered no damages. You're free to refuse to pay the bill for the reason you mentioned and, if you get sued, you can use that as a basis for a defense. But you have no affirmative claim.
Click to expand...
Thank you.
 

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