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Lawrence D. Gorin
Lawrence D. Gorin, Family Law Attorney
Category: Family Law
Satisfied Customers: 1544
Experience:  30+ years family law experience. QDROs, UIFSA, UCCJEA expertise.
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hello , what could be done if your attorney has a change of

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hello , what could be done if your attorney has a change of heart after he is halfway thru your divorce case? my friend has paid his attorney in full and waited on hisattorney all year of 2012 for a mediation date, the judge finally ordered them to mediation in december and was ordered to mediation in the months of jan-feb, but his attorny had his secretary call on feb 25 and say the attorneys have agreed to disregard the orders. here it is april and he still has no mediation date from his attorney, when he calls his attorney the secretary says hes busy or with a client. is a year and a half the normal waiting time to get a mediation date? not sure what to tell him? any opinions?
YOUR QUESTION:

1. What could be done if your attorney has a change of heart after he is halfway thru your divorce case?


ANSWER: Fire the lawyer. You have a right to be happy and satisfied with your lawyer, If he is not doing the job you want done, get rid of the lawyer and take your business elsewhat. (The same as you would do if you were unhappy with your doctor.) It needs to be understood that it is YOUR divorce case, not the lawyer's divorce case. You hired the lawyer and you have the right to fire the lawyer.

 

YOUR QUESTION:

2. Is a year and a half the normal waiting time to get a mediation date?


ANSWER: No. Far too long.


YOUR QUESTION:

3. Any opinions?


ANSWER: See above.


Customer: replied 4 years ago.


how does he take his buisness elsewhere when he has already paid his attorney over $5000. and dont have any funds left in his savings except his weekly paycheck?


also he has tried to line up a replacement attorny but they refuse to talk to him since he is currently being represented. he told me that he thought he could hire as many attorneys as he wants to represent him in his divorce? ......but im not sure what to say to him on that note.


 

YOUR ADDITIONAL QUESTION:
How does he take his business elsewhere when he has already paid his attorney over $5000. and dont have any funds left in his savings except his weekly paycheck?

ANSWER: Yes, this can most certainly be a problem. The original question was "What could be done if your attorney has a change of heart after he is halfway thru your divorce case?" Firing the lawyer is what could be done, obviously. But if you do not have the money to hire some other attorney, your recourse is to either (1) do nothing and stay with the lawyer you have rather than the lawyer you wish you had, or (2) get rid of the lawyer and proceed on your own, without a lawyer. Those are really the only choices.

YOUR NEXT ADDITIONAL QUESTION:
Tried to line up a replacement attorney but they refuse to talk to him since he is currently being represented. he told me that he thought he could hire as many attorneys as he wants to represent him in his divorce?

ANSWER: That's nonsense. The client always has the right to seek a second opinion from another attorney. No need for permission from the present attorney, and the attorney from whom the second opinion is sought does not need to have the present attorney's permission to talk to the client. Again, let's not forget that it is the CLIENT's divorce case, not the lawyer's divorce case. It needs to be made clear to the second attorney that what is being sought at this point is simply a second opinion. Perhaps that was not made clear to the second attorney.

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