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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31561
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If you had a case in juvenile court that I had to appeal to

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If you had a case in juvenile court that I had to appeal to circuit court and the judge ruled on my behalf and remanded it back to juvenile court to enforce the order. Is it inappropriate for the attorney to not take action and not following through in juvenile court because a balance is owned?
Submitted: 4 years ago.
Category: Family Law
Expert:  Roger replied 4 years ago.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney in Tennessee. Thanks for your question.

No, it's not against the rules of professional conduct for an attorney to refuse to work until he is paid for his time. Being an attorney is no different than any other profession in terms of being paid for work performed. Thus, an attorney can refuse to appear on a person's behalf until the fee is paid.

This is especially true in a case where an appeal has been granted and the case is remanded. The remand is practically like a new lawsuit and that give the attorney an opportunity to withdraw without needing the court's permission.
Customer: replied 4 years ago.
Is it like a new lawsuit because it goes to a different court. All it requires is the JC judge to enforce the circuit court's ruling so that a jc order is in place. The circuit court judge didn't even have that in the order. The opposing council requesting a gradual return because of she's been there several years going through the continuances during the appeal. My attorney's idea was to request a remand she said so that jc creates an order. As soon as the circuit court judge ok's the gradual, then she gets off the case requesting the balance paid. The problem is they were handling a probate matter where my nephew was finally closing his account to access all his funds at 23. They had told me the monies I had paid over the years in court costs and sometimes paying them for accountings would come back to me at the end when the account is closed. I was guardian of the estate. I told them I would apply those monies toward the balance which would have been more than enough. It was taking so long that my nephew went and got someone else to close it out and I couldn't get the information as to how much I had paid them over the years...they just never made the file available and never gave me the information. Therefore, I didn't get anything back. So, I'm a little upset over that happening and them not finishing the case. My funds are tight and I requested that anything be done to not prolong it because my funds were low and all this happened.
Customer: replied 4 years ago.
Any other attorney acts like they want to treat it like a new case and have to do full research with a nice amount up front. I feel like I've been screwed. Does it sound like my attorney just is acting lackluster about my case and not being quite fair. The other side has cost me so much money because of continuances they've requested. I feel like I'm being screwed.
Expert:  Roger replied 4 years ago.
It may be a good idea to ask your attorney for an accounting to show all money you've paid in and where it has gone to make sure that all money has been accounted for. IF there is money left that you could apply to the amount needed, then that certainly can be done. Also, if you believe that your money has been misappropriated, you can file a fee dispute with the state board of professional responsibility and see if you can resolve the issue.

If you can't resolve your issue, you may be forced to sue the lawyer for your fee.

Unfortunately, there's no easy way around this. You're going to have to either pay the money to get this done OR challenge the fees and balance the lawyer claims.
Customer: replied 4 years ago.
Ok, tks. Does it appear to weaken my case by getting another atorney to close it out In jc?
Expert:  Roger replied 4 years ago.
No, I don't think so. It just shows that you're wanting to get this resolved.
Roger and 3 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
Thanks a lot for your advice.

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