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Attorney & Mediator
Attorney & Mediator, Lawyer
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Experience:  Attorney & Certified Mediator
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I need to fire my divorce attorney and my trial is next week.

Resolved Question:

I need to fire my divorce attorney and my trial is next week. What are my options? How do I go about doing it? My attorney is NOT prepared for this trial and won't even return my phone call.
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
The attorney is mostly on vacation due to the holidays. If you are unsuccessful in getting a hold of him until the trial date, you can fire him on the date of the trial, but the Judge may then require that you proceed on your own. It would be better if you can visit his office before the trial date in order for him to sign and file the forms required when an attorney is off the case, then you would need to contact the other side to ask for a continuance. If they refuse you will need to file a motion and Order ASAP requesting the continue or else make your request on the date of trial.

As to your lawyers conduct you can let him know that failure to call him ASAP questions his competency and you will file a complaint with the state's disciplinary board for professional misconduct, that usually gets lawyer's attention and immediate cooperation.

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Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner[lawNinvest]. Thank you.

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Customer: replied 8 years ago.

This attorney is not on Holdiay - this has been the case with him for the last two months. He just doesn't return messages. I even missed time-sharing with my daughter for two consecutive weeks because he failed to inform me of faxes from my wife's attorney to him - stating the date for visitation. I can visit his office as I have on many occasions, but never find him. He has, on many occasions, said he would file motions on my behalf and never does. What if I ask him to file the required forms and he doesn't? I guess I really need to know how I do this on my own - and I know we won't assist me and if I relied on him to do something it probably won't get done.

If I fire him, can I contact my wife's attorney (bery high priced attorney in Palm beach County) and ask her for continuance? She would most certainly reply NO. Can i file a motion on my own with the court requesting this Monday morning?

Is someone available at the court to help people when questioning forms they are to file on their own?

I'm at my wits end-and really backed into a corner right now. I had to pay over $30k just get get a set visitation day due to her high priced attorney. My wife has paid over $100k (or her family did) and they seem to get whatever they ask for with this judge. I don't have the funds to continue with another attorney but I will lose everything with one that doesn't even communicate with me.

Expert:  Attorney & Mediator replied 8 years ago.
From the information you have provided, you most definitely have rights to file a complaint with the disciplinary board. Your lawyer is showing incompetence and he can be disciplined for this.

Since you are represented, your lawyer is required to sign off on his representation before you can proceed pro se. The other parties' attorney may refuse to communicate with you since you are represented. This is really a bind.

Yes, once your lawyer is fired, you can contact the other attorney and see if they will agree to a continuance. If they agree, you will need to prepare a Motion for continuance and state the other party has agreed to it, file it with the court and serve the other party, the Judge would most probably agree. If the other side does not agree, you can still prepare the motion for continuance, state your reasons and the objections of the other party, file it with the court, serve the other party and see what the Judge decides. Now, since time is running out (ask the court clerk for the time limits) you can make your request on the date of the trial. You would need to state your reasons before the court. From the information provided, I don't see how you would be denied, but the Judge makes the final decision.




_______________________________________________

Please Note: My question is limited to your facts presented and additional information you post may not come in after my answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. Thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner[lawNinvest]. Thank you.


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