Question: After preparing for hours for a temporary support hearing in my divorce case, my lawyer handed me a number of papers to sign at the courthouse ten minutes before the hearing. When I asked what I was signing, he became irate. So I signed. He and my husband’s lawyer then went behind closed doors for a few minutes, and I was then told that the temporary hearing had been settled. When I asked what the agreement was, my lawyer told me that I had hired him to do what was in my best interests, that I should trust him. He also told me that we would go before the judge, and when the judge asked me if this was my agreement, I should say "yes."

Although I didn’t understand what was being done, against my better judgment, I did as I was told. Everything was over in a matter of minutes, and my lawyer went on to his next case. I heard nothing until a week later when I received an order in the mail that is financially devastating to me. I have tried to reach my lawyer by phone, but he will not return my calls and I am told that he is in court. I feel that I have been taken advantage of and need to get relief from a very oppressive order. What can I do?

Answer: When you hire an attorney, he or she has the apparent authority to act on your behalf. For this reason, it is essential that there be a complete understanding between lawyer and client about the course of action to be taken in a case before the fact.

From a risk management standpoint, it appears to us your lawyer should have taken the time to meet with you well before the temporary hearing to explain to you that, for the most part, these hearings are decided upon affidavits and argument. Since it involves your money, not his, he should have explained to you in detail the ramifications of the proposed temporary agreement so that you – not he -- could make the final decision. And we think it is always a good idea to follow up with a letter to the client confirming the terms of the agreement.

That said, what can you do about it is another matter. While writing your lawyer a letter that outlines your concerns and requests a meeting may be an option, we believe that you and your lawyer are already clearly adversaries. For that reason, we believe that you should consider hiring an experienced matrimonial lawyer to help you make the proper motions before the court.

Your situation points up a cardinal rule: Before you make an in-court agreement and before an order containing your agreement is presented to any court, review the terms with your lawyer (and your certified public accountant, if necessary) to make sure that you understand to what you are agreeing. And never tell a judge -- or anyone else -- that you agree to something unless and until you really do.