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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21732
Experience:  General practice of law with emphasis in family law.
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Hi, I am in the process of getting a divorce. My lawyer has

Resolved Question:

Hi, I am in the process of getting a divorce. My lawyer has been very unresponsive. He even went 6 month without returning any calls or telling me that the lawyer handling my case left the firm. Recently, he represented me in court and settled for custody payments that make it impossible for me to pay rent, buy medicine or food. My wife took off with my child on the day I was supposed to have him and start visitation. Again my lawyer was unresponsive to my calls, when i finally heard from him, he said "I get a totally different story from opposing counsel." I have not heard from him since that call. In court a few weeks ago, I was told that I'm supposed to go to Family Court Services for mediation in July. I recived a call from FCS today saying that I missed my mediation appointment this morning and that mediation was to proceed without me or my lawyer. Obviously, he didn't show up either. I've called his office several times today, but I get no response from him. He's charged me over 1/2 of my retainer and the only thing he's done is show up for 1 court appointment a few weeks ago. Do I have justification to file a complaint with the California Bar Association, and can I get my full retainer back from my lawyer?

Thanks,
Kevin Klostermann XXX@XXXXXX.XXX
(XXX) XXX-XXXX
Submitted: 3 years ago.
Category: Family Law
Expert:  Samuel II replied 3 years ago.

Samuel-II :

Hi

Samuel-II :

It really sounds as if your attorney may be negligent. Now, many times as the saying goes a busy attorney is a good attorney. But from what you present here, I would suggest you could file such a grievance.

Samuel-II :

He missed the hearing today and told you it was in July?

Samuel-II :

Was that in a letter confirmation?

Customer:

Yes, when we went to court a few weeks ago, I signed a document and he explained that it was for mediation in July. i was told today that mediation was this morning, and the hearing was in July. My wifes lawyer and the mediator procedded without me or my attorney

Samuel-II :

I see. Yes, you should file a grievance. However, I would suggest that you first write this attorney a letter to be mailed certified with a return receipt requested. In the letter, I suggest you consider stating

Samuel-II :

that you are totally dissatisfied with his services, and detail the problems as you have here

Samuel-II :

Request that he provide a written and detailed invoice

Samuel-II :

showing his hours, time and compensation from your retainer.

Samuel-II :

Explain that you are so dissatisfied you are contemplating a complaint with the Bar Association. You can then state that you want a refund

Samuel-II :

and that you do not want his services any longer, if that is what you want to happen

Customer:

I can do that , however the lawyer that was handling the case left me with $850 in fees, and never did anything. The lawyer now will not discuss or return those fees to me. I cannot afford another lawyer without the full retainer

Samuel-II :

IS this a firm? You can write the letter to the Senior Managing Partner.

Samuel-II :

Did your other attorney file a formal withdrawl from your case? Has anyone from the firm filed an appearance

Customer:

After being shuffled from lawyer to lawyer, the current attorney is the Senior Managing Partner, his name is XXXXX XXXXX firms documentation

Samuel-II :

Then you need to address the letter to him

Samuel-II :

He is the one that needs to pick up the ball on this for you as a client of the firm

Customer:

Okay, i'll fill in all the details in a complaint and send it to him certified

Samuel-II :

Do you have the website for the complaint?

Samuel-II :

I am sorry you have had this experience.

Customer:

Yes, i looked at the California Bar Association site, and have a complaint form

Samuel-II :

Alright. Well best to you with everything

Customer:

Thank You for Your help, now i know what my next steps are

Samuel-II :

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21732
Experience: General practice of law with emphasis in family law.
Samuel II and 4 other Family Law Specialists are ready to help you

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