Local News

Client Calls Five On Your Side After Attorney Fails To Provide Legal Papers

Posted November 12, 2002

— Besides trying cases in court, a big part of an attorney's job is preparing legal documents and making sure the documents are signed and filed.

When some important papers slipped through the cracks, Ken Dimaio called Five On Your Side for help.

The papers spell out Ken Dimaio's child support payments.

Dimaio's attorney, John Wainio, was supposed to get the agreement signed by a judge, file it in court and give Dimaio a copy.

"I'm his client. I paid him for a service. You would expect that service to be turned around in some decent turnaround time," Dimaio said.

Sixteen months was not the turnaround time Dimaio expected.

After a couple of months of waiting, Dimaio called Wainio, who assured his client that everything was taken care of. Dimaio said Wainio told him he would get a copy of the papers soon, but Dimaio said he never received them.

"I was just trying and trying and trying to get the paperwork with the judge's signature, which proves to me, yeah, everything's done," Dimaio said.

After a few more months went by, Dimaio called the Durham Clerk of Court and was told the papers were never filed.

"I really got frustrated," he said. "You know, is this guy telling me the truth? Has he just forgotten? Was there a problem at the courts?"

Dimaio called Wainio again and was promised it would be taken care of. Dimaio said it never was. Not knowing what else to do, he called Dimaio called Five on Your Side.

After a call from Five On Your Side, Wainio found the papers, got them signed and filed, and sent Dimaio a copy. Wainio said the papers "got lost between here and there." He said the whole thing was just "overlooked."

Dimaio cannot believe what it took to get two signed pieces of paper.

"You wonder, OK, why was this so difficult?" he said.

The papers were back dated to the original agreement date so there is no dispute about the amount Dimaio has been paying.

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