My divorce was final Sept last year. The bill came in the mail. Next came a letter from the state attorney general stating the division of property order was rejected because my lawyer used the wrong form. I sent a letter objecting to the invoice to the lawyer. He waits 4 months and sends a letter to opposing council I am not represented by him any more. Then comes a letter answering my questions about the invoice. Now I am summoned to court by opposing councel for the divsion of property order however instead of just transfering the terms to the proper form, opposing attorney knows I am without representation and is changing the terms of the DOPO. Do I pay the invoice and beg forgivness from the attorney who dumped me for questioning his bill? Do I hire a different attorney to help me? Do I pay my former attorney and hire another attorney besides? I don't know what to do.
2007-05-14 06:49:23 · 8 answers · asked by mark s 1 in Politics & Government ➔ Law & Ethics
1. Report your former attorney to your state bar association - this is usually an effective way to get attention to your problem. Describe the lack of responsiveness, the failure to submit the correct form, and the fact that your lawyer informed opposing counsel that he no longer represented you before he told you. You don't mention what state you live in, but firing a client by sending a letter to opposing counsel is generally considered a pretty significant breach of professional responsibilities.
2. Contact your court and find out if it has a family court coordinator, or some similar service to help people who are not represented by counsel navigate the system. The coordinator would be able to give you general advice about your rights in this situation.
3. Look for new representation. Take your time. Don't rush to hire someone just because you have a court date. The court may be able to point you toward a free legal aid service that would be able to assist you. If you do hire a new lawyer, check with the bar association to find out if your attorney has had any complaints. The new lawyer should give you an engagement letter spelling out his/her responsibilities, how fees will be billed, and confirming that he/she will be responsive to your calls. Check it out - give the lawyer a call and see if it gets returned. You should never have to wait longer than a week for a return call from your attorney, at least setting up a time to talk at some future date (and that's really too long) - any longer than this, and you should just get a new lawyer.
4. If you have to go to court by yourself before you find a new lawyer, be prepared to explain the situation to the judge - explain that your old attorney apparently isn't representing you anymore, and that you don't understand why the proceeding is happening, but you are trying to get a new lawyer. Bring all the papers you have received in regard to this situation. Ask for a continuance until you can locate counsel. I would be completely astonished if the judge didn't grant a continuance.
And finally, be prepared that you may have to pay some portion of the invoice from your old lawyer. Likely your attorney did manage to do something for you, so you probably owe something on the bill, but you shouldn't have to pay all, and of course you're entitled to question the charges.
Good luck!
2007-05-14 07:41:42 · answer #1 · answered by LawMom 3 · 1⤊ 0⤋
I'd hire another attorney and lodge a complaint with the Bar Association against this one.
2007-05-14 06:52:17 · answer #2 · answered by Sean 7 · 1⤊ 1⤋
I would go consult with another attorney about what to do. Sounds like a very sticky situation.
2007-05-14 06:52:32 · answer #3 · answered by Roman Soldier 5 · 0⤊ 1⤋
Go get another attorney and think about filing for malpractice. Using the wrong form is direct malpractice.
2007-05-14 06:58:33 · answer #4 · answered by cyanne2ak 7 · 1⤊ 2⤋
Get another attorney. And make sure you're suitably represented this time.
2007-05-14 06:53:40 · answer #5 · answered by Catch 22 5 · 0⤊ 1⤋
hire another lawyer to help you with the property division and then to sue your other lawyer for failure to do his job and contest the invoice.
2007-05-14 06:52:43 · answer #6 · answered by arus.geo 7 · 1⤊ 1⤋
You are pretty well screwed. I would stick with the old attorney as he is familiar with the case. I know it sucks, but they don't call them blood suckers for nothing. Getting a new lawyer will be more expensive and I somehow doubt that your old lawyer will get into any trouble by you raisng a stink. What you will do by getting a new lawyer and trying to fight your old lawyer is a lot more expense and many more headaches with little to no payoff.
2007-05-14 06:53:22 · answer #7 · answered by JAY O 5 · 0⤊ 5⤋
Hire a new, better, more knowledged lawyer to handle everything.
2007-05-14 07:05:42 · answer #8 · answered by SHININGSTAR 2 · 0⤊ 1⤋