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Ask AttyHeather Your Own Question
AttyHeather
AttyHeather, Lawyer
Category: Family Law
Satisfied Customers: 547
Experience:  Attorney with 15 years experience
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I received email that my lawyer is seeking to leave unless

Customer Question

I received email that my lawyer is seeking to leave unless judge won't allow.
Is judge allow to my lawyer to leave?
I made emailed "stop working, I am conceding go mediation." My spouse and I had meeting with a mediator. My spouse liked her, he wanted her to be a arbitrator, I asked one condition, but he was not going to agreed. Meanwhile I consulted another lawyers, possible changing lawyer, but it decided stay.
I emailed my lawyer " resume working ", next day, he emailed leaving the case.
I suspect that my lawyer's assistant again talked to my spouse's lawyer that make motion to stop my maintenance. His assistant became very against me, representing my spouse. My lawyer can not say anything because he can not run business without her.
I complained few times to my lawyer, in the meeting, my lawyer apologized, in email he denied such wrong doing.
What going to happen on 9/8/16 ( next court date, conference for financial forensic report )
Do I have to find new lawyer now?
Is most likely judge let go my lawyer?
How about my reputation front of judge?
Is my temporary support stop? I can not live without it.
Submitted: 3 months ago.
Category: Family Law
Expert:  AttyHeather replied 3 months ago.

Hi, I'm Heather, an attorney with 15 years experience.

What going to happen on 9/8/16 ( next court date, conference for financial forensic report ). The judge will need to address your attorney's request to withdrawal. Usually the attorney is not allowed to withdrawal if there is a pending motion, because that can prejudice you, unless you are given enough time to find and hire a new lawyer.
Do I have to find new lawyer now? It depends on if the judge allows your lawyer to get off the case. If the judge allows the attorney to get off the case, you should ask for at least a month to retain a new lawyer. Your new lawyer will have to have time also to get familiar with your case.
Is most likely judge let go my lawyer? Usually the lawyer is allowed off the case within a short time after any pending motions are resolved. If there are no pending motions, the lawyer will likely be allowed to get off the case immediately.
How about my reputation front of judge? This shouldn't affect your reputation in front of the judge.
Is my temporary support stop? No, the withdrawal of your attorney should not directly impact any temporary order for support.

Customer: replied 3 months ago.
This lawyer is my second. My husband's lawyer accuse me changing too may lawyers. And my lawyer said,, they may make a motion to stop temporary support waisting delaying the case.
He seems know that they will make motion to stop temporary maintenance.
Do I awarded attorney's fees for new lawyer?
So, I don't need find a new lawyer before next court date?
Expert:  AttyHeather replied 3 months ago.

If you are doing something to delay the case, I would be surprised if temporary support was stopped; rather, normally a different type of sanction would be ordered. But your original question was not about you delaying the case. When an attorney withdrawals, it is not normally considered that a party is intentionally delaying the case. So I'm not sure if there is more to that story.

If your attorney has withdrawn, then you probably need to go ahead and find a new lawyer. Also, if your attorney is trying to withdrawal, then that is a good sign that it is definitely time for you to start looking, and if you can have your new attorney present at the next hearing ,then it will be hard for the other party to allege you are wasting time.

Usually attorney fees are awarded in divorce actions depending on if one party substantially prevailed, or if one party demonstrates that they have a need for the award of fees and the other party has the ability to pay the fees.

Expert:  AttyHeather replied 3 months ago.

Let me know if you have follow up questions. Otherwise, kindly provide a positive rating for my help today.

Customer: replied 3 months ago.
I have debts of total $130,000 for unpaid tax 2015 and 2016, attorney's fees,. Even attorney was awarded he charged me $8,000, not reimbursed. I paid former attorney $25,000.
I receive $13,000/mo maintenance. After I paid rent, tax, religious obligation, dog expense, about $1,300 left for food, utility, transportation, clothing. Not allow to have travel, minimized beauty salon, eating out, any .
If I need to change lawyer, this will be the third one. How can get retainer's fees?
Expert:  AttyHeather replied 3 months ago.

You will have to file a motion to be awarded attorney fees and explain to the judge why you need the fees. Usually, you have to have a need for fees, or you have to have substantially prevailed in the action.

Customer: replied 3 months ago.
Are you saying make motion myself? Without lawyer?
Expert:  AttyHeather replied 3 months ago.

Best to have an attorney do this motion for you if at all possible.

Customer: replied 3 months ago.
Please post to other expert.
Thank you

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