Ithaca, NY Personal Injury Law Firms & Lawyers

First, I am sorry you got one of the bad apples and secondly, that you are going through the stress of losing your son and trying to get him back. You have the right to change your attorney at any time. Do it now. Do not pay this guy another penny and you might even report his shenanigans to the State Bar. Also make a written demand (do this via email, fax or certified letter, return receipt) for (1) all of your files and (2) the return of your entire $3,500. You can tell him you will report him to the State Bar unless he returns the retainer. If you are positive that he lied to the court about being in the hospital, let him know that. He could suffer serious adverse consequences for lying to the court. He is required to have a signed agreement with you setting forth the rate. Even if it was $10,000, it is not a flat fee arrangement, it's a retainer that he bills against. I will point out, however, that sometimes clients think a lawyer has not done anything, but they have gotten the ball rolling, following court procedures. But clients want results, and they often want it yesterday. I suggest you interview as many family law attorneys as you can to see what the procedure is to deal with DHS and to get your son back, how long it will take, and a realistic expectation of the number of hours, and the cost, to get it done.

If it was not a gift, it seems you abandoned the property. Contact the friend and explain you were upset and need it back. Otherwise, if you want to pay for the expense, you can sue in replevin which will require an attorney. It sounds like a small claim matter and you might want to contact one of those TV court shows that are always looking for this type of case, and they pay both parties regardless who wins.

Question is always what is reasonable. If what the coach did was unreasonable and the kids had no proper training or instruction, then perhaps yes. But you must understand that kids sometimes get hurt on the playground. I ran low hurdles when I was in high school and if I had fallen I don't think I would have thought the school was at fault. There is a certain element of risk in any sports activity and I am not sure the school system can guarantee that no one will ever be hurt.