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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Family Law
Satisfied Customers: 6776
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I have an attorney that is doing what HE wants to do, not as

Customer Question

I have an attorney that is doing what HE wants to do, not as I've asked. He has also given out confidential information to my husband's lawyer to lock in an answer from this lawyer to give a wanting divorce return, therefore locking in the fact that I can't stall the divorce. (I'm stalling the divorce, after 40 years of marriage, as I found out that he has cancer and a tumor. I CANNOT divorce him when this health problem is present. I take my vows of marriage seriously. I asked my attorney to stop the divorce, as I'm the plantiff, and to change it to a legal separation. He stated that that can be changed at ANY time. I asked for this January 25,2016. He should have gotten an enjunction at that time and didn't purposely for monitary reasons
Submitted: 6 months ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 6 months ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. It sounds as though you may need to replace your attorney. If he is not representing your wishes then you can request him to remove himself from the case and replace him with a different attorney. This is a motion to substitute counsel. Your attorney can withdraw the divorce petition and refile as a legal separation. Any time before a judge issues a final divorce decree, the petitioner may petition the court to withdraw a divorce request by filing a motion to dismiss without prejudice. The petitioner should verify that the other spouse did not respond to the divorce petition. If the defendant has filed no documents other than a notice of appearance, the petitioner may unilaterally withdraw the divorce petition. However, if an answer or a counterclaim has been filed, the divorce will continue on unless the petitioner also withdraws. This can very much happen and if your attorney refuses to do so, you should replace him. Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.
Customer: replied 6 months ago.
I'm sorry but I am very dissatisfied with his answer. The information he gave me, I already knew.Thanks for trying.
Expert:  Asad Rahman replied 6 months ago.
I am sorry to hear this. You needto explore filing a grievance with the state of Michigan bar association. He seems to have violated attorney client privilege and also is not representing your stated interests. Here is the website.
Customer: replied 6 months ago.
I'm sorry to say that I was already aware of the help you both have given me-I was looking for another way to contain this problem. I'm already waiting for a packet from the Michigan Bar Association. The problem with firing this attorney , is that I'd have to pay HIM and have money for another retainer and I only get $161.10 a month from SSD. Thank you both for trying to help me but I'm sorry it was assistance that I have already retained, as I've dealt with this "self serving" attorney problem since January of this year-when I found out about the cancer...
Customer: replied 6 months ago.
I'm sorry for wasting your time, I was just hoping for a loophole to nail this attorney for his unethical behavior, and a way to stop what is like a "freight train" out of my control because of him...Thank you both, but you are unable to help me! Good day.
Expert:  Asad Rahman replied 6 months ago.
I will opt out.
Expert:  Irwin Law replied 6 months ago.
With all due respect, your facts are unclear and you have not really asked a question about that jumbled situation. Litigators cannot advise or assist clients under those circumstances. You mention wanting to Dismiss your divorce petition and start over with a legal separation. Then you mentioned seeking an injunction of some kind. You also mentioned your attorney giving the opposing attorney information that he shouldn't have. None of this has presented a clear picture of what is going on, Or what you are uncertain about with regard to your position in the case. I would be willing to take this on an offer you are premium service in the form of a telephone consultation, due to the fact that situations like yours are very difficult to discuss in this question and answer format. That offer will follow.
Expert:  Irwin Law replied 6 months ago.
Hello again. Do you have a follow-up question? I am not an employee of Just Answer and I receive credit for assisting you based on your rating. I hope that you will enter a positive rating for my assistance here by clicking on 3, 4, or 5, for which there is no additional cost to you. Thanks again for using JUST ANSWER.

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