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  • Mistake in Final Order Lawyer asking me to pay for it

    Constructive replies welcome...


    My lawyer did not catch a mistake in the minutes of settlement drafted in court...

    The words Applicant and Respondent were mixed on the line where it pertained to child support incomes.

    The minutes were hand written in court at a settlement conference.

    I missed it, my lawyer missed, the opposing party lawyer made the mistake.

    My ex and I initialed the hand written notes. Neither of us noticed it and maybe it was done on purpose... who knows.

    My lawyer insisted his firm prepare the final paperwork since the opposing lawyer was very difficult. I asked him to have them do it but he insisted in doing it.

    A month later I received a call from FRO. They received the new order and pointed out the paragraph in question.

    I immediately notified my lawyer and they proceeded to fix it.

    A new order was issued and I received a nice bill to fix this error.

    I informed my lawyer I did not feel it was ethical for him to bill me for a mistake his firm did not catch, after all he was representing me and the firm was responsible for the paperwork accuracy.

    We have already exchanged a few emails about this and of course lawyers love to argue why they are not responsible and why I should have to pay for this.

    What course of action can I take? Law society complaint?

    I'm guessing this is a lost cause and I'll have to pay but in all honesty should I really have to?

  • #2
    You probably won't like this answer, but pay the bill and then take him to small claims court, for the bill amount and add a dollar value for your time spent dealing with him arguing about the bill. I assume the bill isn't huge so if the lawyer has to take time out of his day when he would otherwise be charging clients to a) prepare for small claims b) attend the proceeding, he may decide to settle the amount outright based on cost analysis alone. Unfortunately that also means you have to prepare, argue the points and have all your ducks in a row just in case he does go to court.

    I don't think the Law society would do much unfortunately. from my dealings with professional organisations lend me to believe that they generally protect their own. Unfortunately Lawyers area self regulating profession in this country.

    Comment


    • #3
      You can have his bill assessed. Lawyers HATE that - even more than being reported to Law Society.

      If it is a large law firm he likely just wants you to pay so as to not draw attention to his blatant incompetency. Billings are scrutinized by senior partners.

      Comment


      • #4
        You missed the mistake on the notes and initialed it. You share just as much of the blame for the mistake. If you had caught it early on in the process it would be right the first time.

        Sorry but I'm afraid you should pay for the fix and accept it was a mistake that you contributed to as well.

        Comment


        • #5
          Originally posted by FightingForFamily View Post
          You missed the mistake on the notes and initialed it. You share just as much of the blame for the mistake. If you had caught it early on in the process it would be right the first time.

          Sorry but I'm afraid you should pay for the fix and accept it was a mistake that you contributed to as well.
          or at least offer to pay half.

          Comment


          • #6
            Had similar thing happen to me. When we were registering the initial support order thru FRO, our names were mixed up. No one notified me, and I was wondering what the delay was. Had to go down to courthouse to find the mess up. It took months before it was sorted out
            I would think it should be the lawyers that should pay attention to these fine details... that's the reason we pay the big bucks no? This is their job especially when we rely heavily on them for the legal part
            Lawyers dont like to be called out on their mistakes... it hurts your relationship slightly :P

            Comment


            • #7
              had a similar situation happen to me with a conveyancing lawyer... I didn't pay for the screw up and, yes, I had signed the documents but I was so focused on the "guts" of the document I didn't notice some glaring errors.

              WE do pay for expertise and THEY are supposed to ensure these mistakes don't happen.

              Comment


              • #8
                Im in a bad one as well, but its in details both lawyers signed off quickly on.
                We had an impromptu four way conference instead of my examination.
                Court reporter on hold for the day.
                We spent day working back and forth. My ex's lawyer was mostly in and out of the room fixing and refixing the agreement.
                At end of the day, as his lawyer is coming back in, and we are leaving my lawyer quickly signs the minutes of settlement with the agreement we would be receiving a copy for reviewing in the next few days.

                Done deal. 5 weeks later, 1 week prior to trial...
                I receive a copy and find many mistakes and changes only to be told that I now had to follow the agreement as they signed off.
                Which means I signed off. Trail is cancelled, I'm told I am to pay for updating maintenance enforcement and docs.
                Now what?

                So I get shafted, that's why i was going to trial! I wanted changes and some leg to stand on. now im screwed in an agreement for Xmas and spring break and summer too...give him "flex days" to use, the 30 days limit on receipts and payment was conveniently missed, benefits and my sons coverage kept the same as it was.
                Also they made sure to keep the dedications off his income line 150 very vague.
                I agreed to minusing travel to visit his son ($6,000) And car mileage or 5,000 to a total of 11,000. It says on the MOS as 7500 of travel and car mileage. Last year he claimed 10,000 in car expenses.

                Im at a standstill. I'm clueless how to deal with my current predicament.
                Not sure what course of action I can do.
                Play dead and give it time and then start the process all over again by various variation orders etc? Fire my lawyer and get the guide " do it yourself: changing child support orders"? Can I ignore this for a while and let it hang? He has done that in the past so maybe I need to play dead too?

                Just floored on what a waste of time (8.5 yrs) and money it's all been.
                Just to collect childsupport and make sure he sticks to his visitation?

                Any thought? Outside of my taking a temper tantrum and saying I'm not in agreement nor willing to sign the agreement?
                I think I am SOL and stuck with the MOS.
                game play?

                Comment


                • #9
                  4 ways are a total waste of time and money. The good thing is that you do have recourse if judge has not signed off on the agreement.

                  Sounds like a BUNCH of errors, not just a few.

                  I would go through the document carefully and note each and every item that you do not agree with.

                  You should not sign any agreement that you did not make. Tell your lawyer to adjust your bill or you will have him assessed (they hate that).

                  Never go to another 4-way meeting again, particularly when it is not recorded. Whole thing was indeed a waste of time. Tell your lawyer you are not happy with the shoddy results and you will not pay for it. No one else will stick up for you. It's time for you to "speak or forever hold your peace" I would think.
                  Last edited by arabian; 04-11-2013, 12:03 AM.

                  Comment


                  • #10
                    Yes the four way meeting was a trick. As I was there for an examination and had refused four ways as I was just being insulted.
                    I have signed off when I met with my lawyer who told me I had to follow the agreement as they had signed off on the meeting date and my bringing up issues that are "missing" can not be addressed.

                    My thought like u said was to exactly list the differences and grey areas that was listed in the MOS and i did that.
                    I had brought all those up to my lawyer in a hour meeting $$$ and was told I had to go along and sign off. Sign each page.
                    Grin and bare it.
                    I guess I have to document (thank god it's family wizard) and file motions?
                    What motions at that point?
                    Do u think I can represent myself? Have his lawyer send correspondence and start the work?
                    And then when I need something updated do a motion?
                    Can I play dead for a little while and use that time to gather stuff that I know is in contempt?
                    I say 4 months from now to be honest.
                    Payments, child's coverage of benefits, not paying dentist, not providing info or communication via family wiZard? Receipts and calendar info is uploaded. And his family is to have visits in which they have already missed nor do they access family wiZard.
                    There was also 2 things that needed clarification one was my sons dual citizenship. He would add a clause adding his consent (without prejudice) as long as I commit to not removing my son to that country. (Regardless that I had already agreed to stay in canada and not relocate)
                    And the second part was the extra time for summer I asked. I agreed to giving the first Xmas week each year and spring break each year with only giving me an option every 3 yrs...
                    so i dont even get to think about it for 3 yrs on...
                    as well as 4 weeks in summer. I wanted to get extra time in the summer by agreeing to give up those... So I can actually travel out of the country for 6 or so weeks. Not even every year but possibly every second.

                    Looking at the agreement there is the assumption but its not stated since his lawyer wrote it and was in and out in their own works steamrolling over my needs or my sons interests.
                    Im completely upset and just floored how flawed the family law is.
                    What fraud. It's not about male or female but who plays the game better.
                    Who can talk and BS their way around.

                    Some of us are just stupid suckers who actually think people have honor.
                    Funny how those days are long gone. %*^#}€ге&@
                    Sorry for the rant. Emotionally upset right now.

                    Comment


                    • #11
                      No one can force you to sign an agreement or contract. You have two choices: Accept that YOU acted unwisely, or take on the lawyer for putting you under duress.

                      You have to take responsibility for your signature. Honestly, you can't sign something like that and then claim you were screwed, didn't understand, were misled, etc. You are an adult, your signature is legally binding, you don't sign if you don't read and understand something. If you ARE going to do that, then you should take a hard look at your own role in this. I don't see you doing that in your post.

                      If you truly, truly, believe that YOUR lawyer was screwing you over, then go to the Law Society. Be prepared to explain what his motivations may have been. If he had gone to trial, that would have been tens of thousands of dollars in his pocket, so money wasn't it.

                      If you believe he was incompetant, be prepared to show it. Show that you would have gotten a significantly better result at trial, that he should have clearly seen that, and that he purposely misled you, or else was a fool.

                      Comment

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