Jump to content


Photo

Lawyer never filed for show cause hearing when ex filed for emergency ex parte


  • Please log in to reply
1 reply to this topic

#1 maman07

maman07

    New Member

  • Members
  • 1 posts

Posted 02 January 2013 - 10:38 AM

My ex filed an emergency ex parte for custody. My attorney never filed for a show cause hearing then signed an agreed order without consulting me or even telling me about it or providing me with a copy. I was told by several legal professionals that the situation didn't meet the guidlines to continue an emergency order but since no show cause hearing was motioned for within the time frame we had to get to trial if my ex wouldn't agree to give me visitation with my daughter. My current attorney said that it was malpractice but didn't want to take on a case since it wasn't his expertise. I took over a year to get to trial in order to restore my cutody/visitation rights with my daughter and it cause me, my family and my daughters little brother a lot of lost time her not to mention about 25,000 in legal expenses. Is failure to motion for a show cause hearing in this situation, and signing an agreed order without ever consulting me or providing the client a copy grounds for legal malpractice? Thanks

#2 FindLaw_Amir

FindLaw_Amir

    Platinum Contributor

  • Moderators
  • 62,345 posts

Posted 02 January 2013 - 11:14 AM

This issue is hard to determine without having the detailed facts of the circumstances. You may want to consult with a local Legal Malpractice Lawyer to advise you on a possible claim.
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.




0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users