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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 16689
Experience:  8 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hello. My attorney filed a motion to be relieved (I believe

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Hello.
My attorney filed a motion to be relieved (I believe it is because my case is very complicated and she is 18b and she is just tired of dealing with all the work) she used pieces of emails taken out of context and that was all she had.
The Judge asked her to stay on, but the problem is she is now very hostile towards me. I don't know what to do. It takes at least 2 or 3 times for me to ask her to get an answer to things and she is not representing what I ask for.
We have a contempt motion for my son's father not bringing my son to visits and she asked me what I wanted, I said I did not want him to go to jail, I did not want money, I only wanted time with my child. She walked in the court and said I wanted time with my child and money and that really upset me, but I couldn't do anything about it.
How can I deal with a hostile attorney like this. It's really bad. The Judge seems to really like her (he assigned her) so I don't know what to do? I am in a position where I do not have money for my own attorney and I am at the mercy of the court. Is there anything I can do?
Any advice is greatly appreciated.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. When she filed the motion to be relieved, was the Judge going to assign you a new attorney?
Customer: replied 1 year ago.

No. He said it is very complicated and would take new counsel so much time to get caught up, etc.


This woman is really out of control. She gives me ultimatums all the time, like if I don't agree and do something the way she feels it should be done, then she will not file certain things, etc...


I don't know what to do. She is really rude, too. I mean RUDE.


And, she does this a lot; she pretends like she doesnt hear something I say or ask for when it's convenient for her.


I honestly think it all started when she got me to settle on something, she told me a lie about the law, I cam on JustAnswer and asked an attorney and I found out she lied to me and I told her I found out she lied (didn't tell her how) and she flipped on me. That was the first time she threatened to quit on me. I didn't even say I was going to say anything, I just said that I knew she didn't tell me the truth and she flipped and has been mean since.


 

Expert:  FamilyAnswer replied 1 year ago.
Thank you for the additional information. At this time, the only thing you could do, is try and convince the Judge that there is a conflict of interest with the attorney and see if she will agree that she can not properly represent you. The problem is that you are unable to retain your own counsel, so need to rely on her, as appointed by the court. I am inclined to believe that she has a heavy case load to manage, paired with the previous conflict, that is causing this tension. The attorney needs to act in your best interest and do what the law allows. She certainly should not be lying and as long as your requests are reasonable and possible under the law, she should try and have them granted by the court. At the same time, she knows the law, the Judge and the courtroom, so she has a good idea about what will and will not be granted. If you do not think the Judge will allow her to withdraw and assign you new counsel, it is best to ask to set up a meeting with her ( in person or over the phone) and try to address your concerns and share your feelings with her. If you can smooth things over and move the case along, closing it out as soon as possible, you will benefit from it in the long run. Once the case is over with, you could always file a bar complaint if you feel that she lied to you and was rude and unprofessional, allowing her conduct to be investigated. To do that now, would only create greater problems and conflict. I know you would rather have another attorney but based upon how far along the case is and the fact that she knows the case, you may have to be firm on certain issues with her and let other things go, such as her rude behavior. At the end of the day, the main goal is she obtains the relief you are requesting, from the court.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 1 year ago.

Is the bar the only place to file a complaint about an attorney? I agree that it is not a good idea so long as the person is representing me, but overall, is the bar the only place if I ever decide to notify anyone of the way she has behaved?

Expert:  FamilyAnswer replied 1 year ago.
Yes, it is and here is the link. http://www.courts.state.ny.us/ip/attorneygrievance/complaints.shtml The only other thing to do is bring it to the attention of the Judge, which may persuade him to allow her to withdraw and appoint new counsel, even if it may cause a delay, assuming it is determined she can not properly represent you at this time.
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 16689
Experience: 8 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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