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On Thursday, December my lawyer in a "motion to enforce an…

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On Thursday, December...

On Thursday, December my lawyer in a "motion to enforce an existing JPA case I initiated in September, sent me an email on December stating that he thinks it best he withdraws as my counsel given my dissatisfaction with their firm (I only complained once). His father had just passed away (which I didn't know), and the head of the firm called me on Friday and told me that they would withdraw without my consent if I didn't do it myself. My case was scheduled for December 21, and I paid up front. Given the short time frame and lack of funds, I signed the motion and then withdrew my motion, as well. Plus, it was impossible to find counsel given the holidays and the time crunch. How much would it cost for me to consult with an attorney on this website? I believe my lawyers acted unethically, but the AZ Bar disagrees.

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Family Lawyer's time your question is expected to take (how complex and lengthy an answer you require). Have you talked to a lawyer yet?

No. I have not gotten my refund yet (if they even give me one at this point). I feel that this is malpractice, and I would hate anyone else to be in my position. Is $100 the maximum fee?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. I picked up the motion to drop the case yesterday, and under my name, I was listed as "respondent", which isn't correct. Furthermore, my attorney did not sign the motion to release representation. He was out of the office. Someone else did it.

Submitted: 9 months ago.Category: Family Law
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Answered in 1 hour by:
12/13/2017
Family Lawyer: JD 1992, Lawyer replied 9 months ago
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Family Lawyer: JD 1992, Lawyer replied 9 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", "where is my answer", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

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Family Lawyer: JD 1992, Lawyer replied 9 months ago

Is there a specific question with which I could assist?

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Customer reply replied 9 months ago
I don-t want them to do this to anyone else. Do I have grounds to sue for mal-practice?
Family Lawyer: JD 1992, Lawyer replied 9 months ago

Not based on the facts you gave. It isn't malpractice to withdraw from a case due to a disagreement that you have.

However, if you are forced to move ahead on the 21st and made an attempt to find a lawyer and were unable to do so then, under those facts, you may very well have a case for malpractice.

However, most lawyers who handle legal malpractice cases with facts like these would do so based on a flat fee or a by the hour charge with a retainer. Most would not be willing to accept these on a % basis and since there are very few lawyers that do legal malpractice then it limits your choices. If you have to move forward on the 21st without a lawyer and lose, then certainly you should visit with some lawyers that do legal malpractice, I'm just letting you know in advance about the fee issue.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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JD 1992
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Category: Family Law
Satisfied Customers: 34,389
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Experience: Began practicing Family Law in 1992

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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