My question involves malpractice by a lawyer in the state of: KY
In May of 2008, I retained an attorney to help me break-up with my ex (unamrried). Ex and I co-own a home and car and have a mutual child.
Ex's 1st attorney, my attorney, and the family court judge verbally agreed to handle all issues in the family court to lessen costs. Family court ordered ex to make 1/2 of house payments, child support, visitation, etc. similar to a marriage. Ex did not comply with any of the court orders. Contempt charges have been filed, but every court date is filled with addressing ex's bogus complaints.
Ex's now 3rd attorney argued at a hearing that the family court has no subject matter jurisdiction to rule on the property issues. From everything I have recently read, ex's attorney is correct.
I need advice on how to handle my attorney. We have the final custody hearing in March. I have been awarded temporary sole custody twice bc ex does not care for son or cooperate with me to care for him (he has special needs).
I have sent my attorney 2 emails now that ask him what the plan is regarding the property. IMO at the next hearing, the judge will rule that she did NOT have subject matter jurisidiction, and the 8K I have already paid my attorney has been in vain. I also received a new attorney bill this weekend for another $3500.00.
In the emails, I have indicated that through my own research, my case should have been filed in civil court for the property matters. I ask if he will consider filing in the correct court "pro bono." I'm sure this isn't the right wording, but I essentially want my attorney to file the case in the right court for the money I have already paid him. Is this reasonable? What other suggestions do you have?
To date, I have had no response from my attorney, and the first email was 3 weeks ago.
My ex decided it would be a good idea on Christmas day to send a sheriff to my home and serve me an "unauthorized use of a vehicle" police report. He has apparently gone to the local DMV and had my name removed, even though one of the family court orders states that I have "exclusive use of the vehicle." My attorney has not responsed to me regarding this either.
It's a mess! Who has advice for me? Please share!