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Lawdoctor, Lawyer
Category: Family Law
Satisfied Customers: 1400
Experience:  Over 22 years of experience in numerous states.
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What can you do when you have a lawyer that has not used information

Resolved Question:

What can you do when you have a lawyer that has not used information that you have given him in a child custody and divorce case and you are asking to have financial papers and credit card records brought forth and he will not do it. He makes excuses why he can't and we have asked him over and over these things and he decided to step down off the case.What do we do now?The hearing was Feb.3rd but now that day is going to be for some kind of hearing reguarding him steping down.
Submitted: 5 years ago.
Category: Family Law
Expert:  Lawdoctor replied 5 years ago.
Does he represent you or the other side? Thanks
Customer: replied 5 years ago.
My daughter
Customer: replied 5 years ago.
Relist: Other.
have not got a answer
Expert:  Lawdoctor replied 5 years ago.

Thank you for allowing me to assist you with your question.

Your question is very important to me, but please remember that I can only respond to the information you provide and I do not know your entire situation. My response is limited to what you have written to me and the answer may change with additional facts.

Also, due to site reasons, there are times I am initially only able to see a portion of post, so I apologize in advance if it means that you have to duplicate information.

There may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. Now, let’s address your question!

If your daughter is not satisfied with this attorney she can certainly terminate the representation. If he is looking to withdraw from the case, and he is planning to do so at this hearing, she needs to make sure to request that the court delay any proceedings for at least 30 days so she can find another attorney to represent her.


If she has paid him fees that he has not earned, then she also needs to request that these be returned to her immediately. He may try to say he has used her retainer, but she needs to demand an accounting for his time and he will have to produce it (not necessarily right there, but within a few days).


I am sorry this attorney has not met your expectation and it is frustrating to deal with this, but sometimes it is best.


If he did not issue subpoenas for the husbands records or file a motion for these recoreds, then your daughter can certainly try to address this in front of the judge however, the judge may cut her off and tell her it is not the proper time to discuss this.


If she could find another lawyer to go with her on the 3rd to take over the case and address the issues of the outstanding records that might keep the case on course and prevent another month going by with her husband getting away without having to produce his records.


One thing I can tell you that is very important. Your daughter needs to be cool, calm and collected in dealing with this especially in front of the judge. Otherwise, she may be portrayed as emotional, overwrought and demanding and thus possibly having the judge form an inaccurate opinion of her and her case.


I wish you the very best.



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