Plaintiff commenced this action to recover the total sum of $4,750.00 from her former attorney, engaged by her in 2006 to perform an assortment of legal services. Defendant admitted to practice law in this state some thirty two years ago stated that he never has the plaintiff sign any written retainers for the various legal activities entertained for plaintiff and charged plaintiff a flat fee of $2,500.00 to permit plaintiff and her two children to relocate from New York to Georgia, without a confirming letter to the plaintiff. Defendant also testified that he charged the plaintiff a flat fee of $1,500.00 to expunge a neglect finding against plaintiff in the Family Court in 2003. The Family Court Judge's order dated October 17, 2007 held that Family Court Act �1113 warranted a denial of the defective papers prepared and submitted by defendant on behalf of plaintiff.

Defendant, at trial, failed to produce his office diaries to confirm the dates of legal work allegedly performed for plaintiff. Also on page 40 of the transcript, he stated that his prior testimony about dates he formerly testified to about his Family Court appearances was erroneous.

Based upon the credible evidence substantial justice warrants a judgment in the amount of $3,000.00 in favor of the plaintiff against the defendant.

SO ORDERED: [*2]

___________________________

Hon. Gary F. KnobelDistrict Court Judge

Dated: September 17, 2010

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