Frustrated with my Lawyer. What do I do?
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| Tue, 05-03-2005 - 10:44am |
Ok, I met with my lawyer in early april. At that time, both STBX and I had to take a parenting class on April 8th and then we could schedule the final court date. The plan was to go ahead and schedule it. That would give us time to negotiate-- a deadline of sorts. But it needed to be scheduled right after we took that class, because who knows how far out they are scheduling?? It could be months.
So here it is, May 3rd. Since we took the class on April 8, I have called my lawyer an average of 2-3 times a week to see where she was in the process of drafting the property settlement agreement and to see if she had set the court date. I have gotten NO RESPONSE from her. The only person I've talked to is her secretary. And believe me, she is getting tired of hearing from me. Finally this morning she tells me that SHE HASNT EVEN SET THE COURT DATE YET!!! WTF?????
What makes me mad is that, at our early April appointment, she told me she would have the draft to me within the next week, and that first thing on Monday the 11th, they could set the court date.
Now what do I do? I've been pestering the crap out of her-- the only thing I know how to do to get some attention. But now I kinda feel like I should go elsewhere. She really isnt doing me any good. However, Ive already paid my retainer (which I havent completely used up) and I dont know how confusing it would be to start over with another lawyer.
Anyone have any BTDT advice??? HELP!!!!

I had to fire my first lawyer too, for the same reason. No response and SLOW scheduling court dates etc. I would literally call him everyday multiple times and finally I got tired of it and I left one final message stating that if I didn't hear from him I would be seeking representation elsewhere. And, I did.
In my case I hadn't used up my retainer, he sent my file to me via mail with a check for the unused portion of the retainer I paid. It was 430.00, out of the 2500.00 I paid him. I questioned it, as I retained him in May 03 and he didn't do a damn thing for me until August, our first court date.
I sought other attorneys and the one I chose, told me that I had to sign a retainer agreement with him and if I didn't sign one with my previous attorney that I was entitled to a refund of ALL of my retainer. ( that was definitely helpful with paying a new retainer )
I did find that not everyone requires the same retainer. My first lawyer wanted 2500.00 the second one wanted 1250.00. And the second one did a better job!
Bottom line is you have every right to fire your lawyer. You can have another lawyer pick up where the first one left off. You can also fight for your retainer back, some of it anyway.
Good luck and I hope everything works out :)
Instead of calling, consider sending a letter to your attorney. Let her know that you have tried to contact her multiple times (if you have dates, add those) and that based on her lack of response, you are considering changing counsel. Send it certified mail.
If you fail to hear back within a day or two after her receipt, I would send another letter requesting your the remainder of your retainer. She is required to do so as well as turn over any and all files to your new attorney.
I know its a pain to change, but in the long run, you'll be happier with someone who will get back with you within a reasonable amount of time (which they are required to do), if your current one doesn't change her spots.
I've fired two lawyers so far into my mess. You really need somebody who you can TRUST to be a competent advocate. Who know what type of problems may occur in the resolution of your divorce. Go with your gut instinct. From your post, it sounds like you've lost that necessary trust.
It may be an expensive mistake to have chosen that particular attorney, but I'm sure you had no idea of their competence until you got into it. Thank god, I've never needed to hire an attorney prior to my divorce and had no idea how to choose one. Now I knowa little more.
Good luck.
That is a good idea! I wish I had heard that before firing my atty.