Elkhart, IN asked in Health Care Law and Divorce for Michigan

Q: My husband tried to commit suicided, was taken to hospital and transferred to a inpatient mental intuition.

He was there not at will for a week, he got out, mental unstable and went and filed for divorce 7 days after getting out of intuition , he told the attorney he had just gotten out of mental intuition and was diagnosed with depression, anxiety and manic bipolar. he told the attorney this, the attorney took him as a client regarding this and took a check for $8000. My husband as no remembrance of even meeting the attorney. He has reached out to attorney once he found the agreement for services, which he does not remember. The attorney said he would dismiss the case and look at refunding the money. Its been weeks now, we call daily and never get a call back. I feel my husband was taken advantage of, the attorney practiced unethical conduct. Am i right?

Related Topics:
1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Estate Planning Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Hard to say with what you present. Attorneys are not doctors or mental health professionals; I can only assume your husband presented "normally", and even stating all his mental health issues would not alone require an attorney to decline representation.

At this juncture, you have a contract issue: The attorney offered representation, your husband accepted it by paying the $8,000, and it sounds like, based on what you're saying, the attorney did some work, and is now complying with the instructions to dismiss the case. How soon should the remaining retainer be returned is an open question; there's no hard or fast rule about timeliness, and I would not expect it before the attorney closes the case with the court, so some of it is the court's timeline as well.

I think you should stay on it, of course, until you receive the refund and confirmation. Not sure if you need to be calling daily, but perhaps once a week or every two weeks just to keep things top of mind.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.