I filed for divorce on April 27th with an attorney that advertises in our local paper for no fault divorces. This divorce is very simple as my wife and I had the separation papers signed last Sept. 2006. He told me that he would get the papers to my wife for her to sign no later then May 5th. We would take depositions tomorrow on May 12th, however, I checked with the court and they told me they mailed him the papers back within a couple of days of filing. I have called this guy everyday and he has not returned one single phone call, not one and before I paid him he would call me or email me every time. I find that kind of odd. He does not have a paralegal or a secretrary that works for him so the only thing I can do is continue to leave him messages which is getting irritating. Can I get my money back from this attorney and hire another one even though he has already submitted the paper work to the court?? All I am wanting to know from him is when is he mailing her the papers??
2007-05-11 13:45:00 · 11 answers · asked by hokiedokie24 2 in Family & Relationships ➔ Marriage & Divorce
You can contact another attorney, and explain the situation to him. He can file papers explaining the situation to the court and they can most likely give you some sort of extension.
The fact that your existing attorney worked hard until your check cleared and then hasn't done a thing sounds like some sort of fraud or a breach of contract. I'm not an attorney, but I know that something CAN be done in a situation like this.
2007-05-11 13:51:04 · answer #1 · answered by Aric 2 · 0⤊ 0⤋
Yes, go to his office and see if there is some sort of message on his door. It is possible he may have had an emergency that required him to leave town, go into hospital etc. Worth checking these out first. If no emergency then find out when he is going to be in Court and confront him there in front of his clients etc.
I would also do a check of his credibility within the legal community. Since the papers have been filed can you get another copy from the Court and have the Court Sherrif serve them on her? Can she go to the Court and they serve them on her?
As i said above if he has not had a crisis or emergency in his life then this Legal Beagle is in it for the money only.
You should have somewhere in your area where you can lodge complaints in written form for his lack of service after payment. He then has to show good cause why he did not provide the service paid for and he can then come under the scrutiny of the bar association.
Since this will be handled by 'legal' people you must have facts for them to look at, time of day you rang before payment versus time of day after payment. You must have and show a good argument. This is one of the reasons Lawyers such as this can continue to practice. The lay person argues in emotion, legally trained people argue in facts with no emotion.
Keep a cool head if you do confront him, remember a factual, logical argument is what you must have for him. If you have an irrefutable argument then you are entitled to a part refund of monies paid as he has not completed his contract with you as it was agreed upon by both parties. You also need to inform the Court in writing of the facts of 'non-service' of the required papers on your estranged wife. Everything to the Courts also need to be in written form, clear and concise again no emotion.
I hope this has helped you. If you look at how I have written some of the above paragraph that should demonstrate how to write and speak your argument.
The word argument in this sense is Academic Argument clear, concise and with logic. Not the yell and bellow angry word laden lay argument.
Good luck and I hope it all works out for you.
2007-05-11 14:10:25 · answer #2 · answered by sag_kat2chat 4 · 0⤊ 0⤋
You will have to check the contract you signed with this attourney before exploring whether you can get your money back...usually the answer is no. That's why it is best to "shop around" for a lawyer and getting several consulations with different ones and chosing the one you feel suits your needs best and THEN paying him. For all you know this guy could have just taken off with your money and left you high and dry.
2007-05-11 14:08:34 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It pretty not likely which you're entitled to a return of the deposit in basic terms based on the artwork he's finished thus far, even on the particularly off possibility that "non-refundable" isn't written into the contract. (wager it rather is.) You seem to have 2 lawsuits: certainly one of which replaced into the particularly unrealistic expectation that purely keeping an legal expert might determine your license does not be suspended. whilst, rather, maximum suspensions are computerized as according to statute, and something are rulings by way of a choose. the different is which you do not think of you're able to pay the legal expert every time he works for you. Um, do not you gets a commission every time you pass to artwork? Yeah, it rather is how those issues artwork. yet hi, you probably did not could sign his contract in case you probably did not conform to his words. you're starting to be looked for an legal expert who might take a flat fee, if that's what you needed. Now, in spite of the incontrovertible fact that, you would be held to words of the contract you signed. possibly in case you're apologetic and cooperative sufficient, he won't sue you for something. stable success. :) EDIT: Um, you fired him. He not works for you and you somewhat are not buddies ... i'm rather initiating to need you're trolling.
2016-10-04 22:31:15 · answer #4 · answered by ? 4 · 0⤊ 0⤋
I'd say you should follow Aric's suggestions to the letter and then file a complain with the Bar in your area. The clerk of courts can help direct you on filing the grievance or direct you to someone who can assist.
2007-05-11 13:56:07 · answer #5 · answered by Jess 7 · 0⤊ 0⤋
Probbly not. The next message you leave should say that if he has not gotten back to you by a specified date you are going to report him to the bar and the better business bureau.
2007-05-11 14:32:08 · answer #6 · answered by Anonymous · 0⤊ 0⤋
i would be so mad at this , you need to go right into his office and demand your money back , i would never deal with this type of lawyer , obviously he has his money so he doesnt care , if he doesnt give you your money back , you can call the better buis. bureau on him also ..
2007-05-11 14:33:20 · answer #7 · answered by dawn p 4 · 0⤊ 0⤋
Show up at his office unannounced.
2007-05-11 13:49:32 · answer #8 · answered by Anonymous · 1⤊ 0⤋
go to his office
2007-05-11 13:48:09 · answer #9 · answered by Anonymous · 1⤊ 0⤋
find another lawyer and sue him!
2007-05-11 13:49:31 · answer #10 · answered by tallulahvulture 3 · 1⤊ 0⤋