Monday, February 8, 2010

Can I sue my ';ex'; or his atty for a harassing false contempt/custody case of my lil girl?

I had a difficult/depression pregnancy and baby had to have pyloric stenosis surgery. Daughter had a traumatic experience of be taken form home cause I wasn't in court due to contractions, and My atty withrew for no apparent legal reason? Who can I sue , seems like I could sue them all. No resolution to case after 3 yrs. No court date since march....?Can I sue my ';ex'; or his atty for a harassing false contempt/custody case of my lil girl?
It is true that an attorney can file a motion to withdraw from representation at any time. The motion must state the reasons for the withdraw unless the reason would be a breach of the attorney-client privilege. There would have been notice give of the time and date for the hearing on that motion.





It sounds like the custody battle was on-going and your attorney may have noticed his motion for hearing on the same day.





You can hire a new attorney and try to regain primary custody. I doubt you can sue any one. You say there is no resolution. Well in family law, there never is. It will be a constant battle.





If you feel any attorney has violated their code of ethics then you can file a complaint with the local state disp. office. They will investigate and if they agree, they will proceed against the attorney for possible sanctions. Sanctions vary from informal admonishment to disbarment.





Talk to another attorneyCan I sue my ';ex'; or his atty for a harassing false contempt/custody case of my lil girl?
I don't think you would be able to get your fees back from your attorney. Attorney fees can be awarded as damages for having to defend the case. I think that as long as you got your child back and she is happy and safe, it was money well spent. Think of it as an investment for future happiness.

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sorry can't read typo's to bad rewrite question in English please.
Attorneys can't withdraw for ';no apparent legal reasons';. A attorney must file a Motion to withdraw and be heard by the Judge. Usual top reasons for withdraw, lack of payment of legal fees, client refuses to adhere attys advice, or client is unreasonable in their demands what atty can legally do.


You weren't in court, did you call your atty, did your doctor call the courthouse and let them know you couldn't be there?


You have no cause to sue.
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