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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19641
Experience:  B.A.; M.B.A.; J.D.
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I retained a large law firm to handle a visitation

Customer Question

I retained a large law firm to handle a visitation modification this past July after my first attorney failed to act in my best interest. After paying the firm over $5,000 to answer a few emails and draft interrogatories for my wife they began to withdraw as they were billing me on average athousand dollars a week and I counted keep up with payments. Fast forward to October 1st, when the attorney slips and tells me she hadn't recovered my case file from my previous attorney. I immediately complained as she billed hours and hours to strategize/plan and communicate with the opposing counsel without a case file. Now the firm has "disengaged", filed a motion to withdraw, haven't responded to my emails and the trial is one month away. What can I do? I believe they are still to act in my best interest and not "disengage" after they couldn't even recover a case file. Oh and the case file I recovered the day after I heard she didn't have it with a simple two-sentence email to my previous attorney.What are my options? Should I retain a new attorney or escalate this to the bar or partner attorneys?
Submitted: 11 months ago.
Category: Family Law
Expert:  Phillips Esq. replied 11 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 11 months ago.

I am sorry to read that your Attorney has not been helpful.

If the trial is only a month away, you may have trouble finding a replacement Attorney. However, it would be in your best interest to search for a new Attorney and then deal with your billing issues with your current Attorney later. If the Attorney cannot account for the hours billed, then you should request for the return of the money paid. If the Attorney refuses, you can file bar complaint against the Attorney.

In the meantime, for the Attorney's pending Motion to withdraw, you can oppose it on the ground that you have not found a replacement Attorney and that the Attorney is only withdrawing after you questioned the billing; that the Attorney has not done anything for the money paid and if the Attorney is withdrawing one month before the trial, the Attorney should be disgorged of the fees received because the fees have not been earned.

Goodluck with your case,