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Can I Sue My Own Lawyer For Intentionally Dragging His Heals On My Case?

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The short version of why I hired a lawyer:

My sister has mental health problems and as a result, my mom got guardianship of her two boys in 2021. My mom is now dying and in hospice.

In an effort to plan ahead and ease my mom's transition, I contacted a lawyer at the end of July 2024 to begin the process of transferring the guardianship of the younger boy (the older is an adult now) to myself so he is taken care of. I paid the requested all-in fee in early August. The lawyer told me at the time that is would only take 1-2 weeks to get a temporary transfer of guardianship in place while the other details were confirmed and the biological parents were notified.

Also in August, I got the call from mom's nurse that it was time for me to go down there to manage her end-of-life arrangements. I completed things I had to do for work to not lose my job, and stayed home just long enough to celebrate my son turning 18.

In early-mid Sept I drove the nearly 2000 miles to my mother's apartment to handle everything. I got the child support transferred which only took about 2.5 weeks from start to finish. I got the older boy applied to, accepted, and enrolled in a university, I made repairs to the older boy's car so it was safe to drive and safe to tow behind my truck when it was time to bring them home (the older is going to a university near my home so he can be close to his brother). I made arrangements for nursing home care as mom cannot be left alone at all anymore.

In all of this I kept emailing, calling, and texting the lawyer and his assistant for updates. And when I wasn't ghosted I was told they were working on it. I let them know when I arrived in town and that I was available to come to their office at any time. I tried to schedule a meeting but they brushed it off and nothing was scheduled. In September they asked for the second time if I had any contact information for the parents. I had already provided this information in writing at the time that I signed the contract and paid the lawyer. I gave them the information again and the new phone number for my sister that I got when she found out I was taking over guardianship (text from a number I didn't recognize that turned out to be her. I don't talk to her if I can avoid it).

By November I was past fed up. I had no evidence that this guy was doing anything. He never reached out to me proactively. I finally sent him and his assistant an email asking for a refund so I could take the case to a lawyer who had more time for me and my case. In less than an hour I got an email back that they needed me to sign the document they were submitting to the court for the temporary guardianship, but they only sent me the signature page. I requested, more than once, for the whole document as I was not going to sign a signature page without seeing what it was attached to.
After a couple of days, they sent the entire document. I signed it the same day and emailed the signed copy back.

About a week later I finally got a document showing the temporary transfer of guardianship was approved and had a court date to finalize the guardianship set for the end of the following week; the week before Thanksgiving.

Cool. I take the time off work (I work remotely and took my computer with me to mom's place). I let the high school know my nephew would be out that day.

The kid and I get ready that morning and I get a text from the lawyer that he has another case in the next county over but he should be there by 9:30 (the time of the previously mentioned document). This particular courthouse does not allow any cell phones in the courtroom. It's weird, I know, but it's not like I had a choice so we left our phones in the truck.

At 9:25 the kid and I headed into the courtroom. We sit in the back as other cases are presented and handled. At 11 my lawyer still had not arrived. The judge asked the room if there were any other cases that didn't require a sit down back and forth with opposing counsel. I raised my hand, she asked for my court packet. I let her know I didn't have one since I had hired a lawyer, but that he had not yet arrived. She asked who I had hired. When I told her, she mentioned that she had had a text from him that he was running late. She took a case while we waited for my lawyer. By 11:30 she was frustrated and asked the other lawyers in the room if they could reach him. They made multiple calls and texts to him, but did not get a response. The judge had just said "if he's not her in 30 minutes..." when he finally strolled into the room.

She pulls us forward immediately and this sorry excuse for a lawyer submits a 30 day extension that he didn't bother to tell me about ahead of time. The judge looked as surprised as I was. Because at this time I had already communicated with him that I was planning to drive both boys back to my home at the end of December to get them both enrolled in and ready for the spring semester at their respective schools. I tell the judge my plans as her eyes widen. Guess no one told the court that I live 2000 miles away.

Judge grants the extension. As we are walking out I ask the lawyer why he requested an extension. His excuse is that he has not yet put any effort into contacting the parents. And asks if I have a phone number or email address for either of them.......... I tell him that I have given him that information twice. I ask if I can get valid email addresses for both parents will he accept signed documentation from them agreeing to the transfer of guardianship? He says yes. I go back to the apartment, text them both to get email addresses, and send him the contact information again. This time with the email addresses.

Today, middle of December, I get an email from his assistant again asking for updated phone numbers for both parents. Says the number for my sister (who now isn't getting the kid's child support checks, isn't working, and last I knew was living in her car) is disconnected and that when she tried to call the father a woman answered and then hung up on her (probably his wife, and I'd be willing to bet the assistant did not clearly identify herself and the reason for the call and the wife thought it was one of those spam calls that tries to steal your information).

The short answer is no, I don't have updated info. I emailed back and asked why they are only now telling me they can't reach the parents (after I have sent 2 follow-up emails in the last week looking for an update and new court date). They tell me they have tried repeatedly to contact them. I don't believe them.

SO... I am so fed up with this duo and their clear lack of effort in and care about my case. With my mother dying and my nephews in turmoil, the last thing I need is a terrible lawyer. I don't have any more money to hire a new lawyer.

I fully believe that this guy is going to continue to dawdle and this kid is going to age out in July 2025 before this gets resolved.

Is it even a thing to be able to sue the lawyer for his truly terrible handling of this case? I want him to be held accountable. And you know if he is doing this to me he is doing this to other clients as well.

submitted by /u/AriaXero
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