Join our FREE personalized newsletter for news, trends, and insights that matter to everyone in America

Newsletter
New

Attorney Filed Sworn Declaration In My Name Without My Review Or Signature—my Life Was Ruined Over It.

Card image cap

Location: California

Hey guys, I’m obviously not a lawyer, but I do want to know if I’m in the wrong here

I hired a lawyer a while back when I was naive and new to the legal system, and we had one consultation for a custody case. His consultation fee was $350. At the consultation, I gave him background context about my family history and I didn’t really hold back, he told me the more information the better. After about 15 minutes He agrees to take my case and tells me to go home and get evidence gathered to start off. The next day he requests I pay the full 3,500 retainer fee, which I regrettably did.

A week later, I contact the attorney to update him that critical details of my case had changed; he ignored me. I contact him 3 days later and he let me know we could not go further until I signed a retainer agreement; He then sends over a retainer agreement, which I signed.

After signing, I ask him what the next steps will be—no response.

the next day I call and text him more evidence that contradicts a lot of what I shared with him at the consultation—no response.

5 days later, I start to panic, and I texted asking for another update—no response.

I assumed maybe he was just a busy attorney, and waited another week before deciding to terminate him.

Upon sending his termination email, he lets me know that I should not fire him because he already filed my paternity papers & an FL-300 with a supporting declaration. I read the declaration he wrote in my name and realized he never sent me a draft to review… or sign. He completely butchered details from our consultation and included really controversial accusations that I had expressly disavowed via text more than a week before the unauthorized filing…

I called him, infuriated, asking why he had not responded to me… and that the declaration he wrote in my name was wrong. I also told him that the accusations he repeated in the declaration could destroy the lives of several people. He told me he was on vacation and would amend the declaration once he received “conformed copies” from the court

a week later, the press picked up the filing… and I experienced a media storm surrounding the contents of the unsworn declaration. I experienced personal and legal consequences attributed to his filing.

Fast forward, he claims that he did not show me the declaration before filing, because I didn’t ask—but aren’t all sworn declarations supposed to be reviewed and signed by the declarant?

He also claims that the retainer agreement gave him permission to file documents in my name without contacting me—although the retainer says *expressed* consent.

is this regular practice in law??? I am so confused and I do not trust Google.

submitted by /u/SideNotes333
[link] [comments]