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Lawyer Filed Custody Suit On My Behalf Without A Client Agreement Or Consent

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Location: Arkansas, US In 2021 I separated from my ex and father of my two children. During this time he had a complete mental breakdown and was harassing/stalking me after I had moved out of the home. Because of his mental and emotional state I was growing concerned of how this behavior would continue to effect me as well as the kids so I started looking into lawyers. On 9/15/21 I had a consultation with a lawyer in regards to a potential child custody case. We had the consultation and I paid the retainer fee but never signed a client agreement and there was never a discussion that I requested them to file for me or that I wanted to proceed, only that I hired them on retainer. That same day my ex showed up at my house, stole some things out of my bedroom, left and then by the end of the night shot himself while on the phone with me. I was able to call an ambulance and they got to him in time to save his life. He went into a coma, had several surgeries but ultimately pulled through. So to say it was a very emotionally trying time is an understatement. The lawyer without my knowledge or consent filed for full custody and child support against him a couple of weeks after our consultation. They sent me the client agreement through email but I did not sign it and we did not have any communication regarding the case, no documentation provided or copies for my records that they filed or anything like that. They then resent the client agreement after they had filed but again I was handling the immediate emergency of my ex being in the icu in a coma, working, and taking care of the kids and animals so a lot going on that custody was not a priority. Then I got an email in January of 2022 that they were attempting to serve him papers and I asked them if I even had a contract with them and that I wasn't sure if I wanted to go through with the court process because he was going through inpatient therapy and such. But he was served papers at the end of January that I can see in the court docket but we discussed not going through the courts. No further contact until I find out that they never submitted a dismissal and instead a "default divorce" hearing had been set on 4/4/22. To keep in mind we were never married. It wasn't until then that my ex filed a counter claim on 4/14/22 stating he should receiving 50/50 joint custody and that I pay him child support and his lawyer fees. Before this we had agreed that he get supervised visitation as long as he is not drinking and that he could call to speak with them whenever he wanted as long as it was before their bedtime. Both of which he did not utilize much if I'm being honest but whatever.

The entire time I was then battling this custody case my lawyer was impossible to get in touch with, I would have to follow up multiple times to receive any documentation about the case, evidence ny ex was ordered to provide were not pursued, my evidence of his covering up of income was not even brought into the suit, the lawyer would forget all details about my case and i would have to remind him of key factors each time we would speak or were about to go into court. All in all he did nothing for me and caused a massive amount of harm that could have been completely avoided if they hadn't filed on my behalf or withdrawn the suit when I said I didnt want to pursue it

Basically his actions on my behalf that i did not agree to and his advice that I had to agree to joint no matter what or he would get primary caused me to lose primary and move to joint, I was ordered to pay child support, and it has caused basically for me to have a high conflict coparenting relationship which I am now back in court for again.

Basically I am wanting to see if I have any grounds for a legal malpractice suit?

submitted by /u/tankgirl3000
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