My custody attorney, after a stressful mediation period, asked me out. Even though I found him very charming, I expressed my concerns about how this could affect his representation of my little girl, as well as my concerns about the unequal nature of the relationship and my current intense vulnerability. He was very persuasive in his reassurances of his sincerity and of his desire to keep both my daughter and myself safe. Eventually, I fell for him. After 3 months, we found out that his method of birth control had failed. Despite my great sadness, he urged me to have an abortion, so his life wouldn't be "ruined." He told me repeatedly that we were a team and would deal with the aftermath together. Then, midway through the abortion, he left. Now he says he's too busy to talk to me. I still need a custody attorney to finish my daughter's case, but I'm now out of money. Is it fair to request a full refund so I can hire another att.? And some $ to pay for counseling? I'm kind of wrecked.
Let me start by saying that I'm sorry to hear what is happened to you. Unfortunately while the North Carolina State Bar does set a high ethical standard to those who are granted the privilege to practice, not all attorneys choose to abide by these standards.
The North Carolina Rules of Professional Conduct , Rule 1.19 is captioned "sexual relations with clients prohibited" if states that a lawyer shall not have sexual relations with the current client of the lawyer. The only exception is if a consensual sexual relationship existed between the lawyer and the client before the legal representation commenced.
A complaint to the North Carolina State Bar will result in an investigation and possible sanctions including censure, reprimand or even disbarment of the attorney.
A claim for damages that would need to be brought in the form of a lawsuit in civil court. In order to recover compensation you would need not only to show that the attorney violated the law, but that you were damaged as a result. Whereas the State Bar inquiry would not be focused upon who pursued who or to what extent consent was voluntary, these issues would be relevant I believe in the civil case. In my prior experience in dealing with cases such as this, there is often a great divergence between what the participants feel are the "facts". I would recommend keeping all correspondence e-mails text messages and any documentation that you feel supports your claim.
If the attorney has malpractice insurance it is likely through Lawyers Mutual. They will defend the attorney and pay the claim if necessary. If for some reason the attorney does not have malpractice insurance, there may be an issue insofar as collecting any judgment from him.
Keep in mind, that the statue limitations pursuing a legal malpractice cases generally three years. If you are interested in pursuing the legal action you should do so as soon as practical.
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