NSW Unsatisfactory Lawyer Behaviour from Other Party - What to Do?

[Questionable Lawyer]

Hi.

I commenced a litigation against my ex last year as she had concealed her true income to the Child Support Agency for the last 10years. Initially her lawyer made contact with my lawyer to discuss negotiation outside of family court. However he then went quiet and did not correspond or respond to correspondence for almost 6 months. The week before the court date he admitted he wasn't ready and agreed to a settlement.

This settlement was presented in court, however the judge said that it should be by way or a CSA binding agreement.

My lawyer then drafted up the order and sent it to the other party....3 months later and the other party's lawyer has still not returned the document even though he sent an email agreeing to it.

What can be done about a lawyer like this? His lack of professionalism has resulted in me having to spend thousands more than what it should have. I have gone into depression and have ongoing sever stress to the point I can go to work. The matter has been going on for almost a year and this lawyer is just doing nothing.

 

[Lance]

Hi,

The Office of the Legal services Commissioner can investigate complaints about a lawyer. https://www.lawsociety.com.au/ForSo...Complaints/Makingorfacingacomplaint/index.htm

However are you sure the lawyer has committed any misconduct? It could be that your ex just won't sign the documents.

 

[Questionable Lawyer]

Hi,
The Office of the Legal services Commissioner can investigate complaints about a lawyer. https://www.lawsociety.com.au/ForSo...Complaints/Makingorfacingacomplaint/index.htm
However are you sure the lawyer has committed any misconduct. It could be that you ex just wont sign the documents.

I am fairly sure that this is a result of misconduct. My lawyer has even commented about how bad this lawyer has been over the whole process. We managed to make contact on June 02nd at which point the lawyer was in agreement to sign the documents, but then just seems to disappear. He stops answering calls, stops responding to emails.

He has cost me so much extra money as a direct result of his inaction. The stress has also impacted me severely to a point where I'm having time off work.

Is this common of lawyers to act this way?

 

[Lance]

It's not the sort of behaviour that is supported or condoned by the profession, but lawyers are people so you get the same mix of behaviours and personalities as you do in other fields.

 

[Blessing]

also worth noting lawyers act on the instruction of their client if he's not receiving any instruction from your ex there's not much he can do in terms of communication or returning the signed agreement.

Also, he may just have more than he can handle on his plate. none the less it's not normal professional behaviour.

 

[Questionable Lawyer]

also worth noting lawyers act on the instruction of their client if he's not receiving any instruction from your ex there's not much he can do in terms of communication or returning the signed agreement.

Also, he may just have more than he can handle on his plate. none the less it's not normal professional behaviour.

Hi Blessing,
I thought the same thing too. My issue is that they signed the initial agreement which was presented to the judge, which only took him less than 9 hours to receive, sign and send back. Now the judge has refused the agreement and stated that we needed to do a Binding Child Support Agreement instead. The lawyer has confirmed to us via email that the other party is in agreement to sign however has done nothing in 3mths. Also my lawyer has tried to contact him many times and he has dodged phone calls, refused to return them, and not responded to emails.

As this is costing me so much extra money now to continue to pursue and have him act in a just and professional conduct, am I able to seek costs against this lawyer?

 

[SamanthaJay]

Maybe your ex hasn't paid him for work already completed.