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Author Topic: Advice about lawyer issues?  (Read 1636 times)

Runnermom55

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Advice about lawyer issues?
« on: Dec 03, 2015, 10:14:10 AM »
Hi,
This is my first question and I hope this is the right place to ask.  I going through a divorce. It started last January when my husband and I had a domestic dispute where a temporary restraining order was issued. I dropped that and we agreed to civil restraints. Wrote up an agreement about child support, visitation, living arrangements and all that.

I decided to file for divorce and my attorney started the process.....well fast forward to September and I get a call from the Superior Court saying that my divorce would be dropped. They didn't even realize I had an attorney. I had been in touch with my attorney every month and she just kept saying I'm working on it. I have not received child support(we have 4 children).

She has since put in a default thing to keep my divorce going. I am wondering if I should just let her go. I went to find out about my children's child support and they couldn't tell me anything because I have an attorney. Just that nothing has been filed since April and 2 more papers were needed.

My husband and I are on talking terms and we live apart and really don"t care about the divorce but I do need help with our children. I am just frustrated and have paid her a large sum of money and fell like I've gotten nothing in return.

Thanks for your advice.


ocean

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Re: Advice about lawyer issues?
« Reply #1 on: Dec 03, 2015, 03:42:26 PM »
Why is your lawyer not filing the rest of the paperwork?
Call and make an appt to finish it or for them to sign off that they are no longer representing you.

Is your ex supposed to be paying you directly and he is not ...since April?
Something is not right, sounds like you had an agreement but it is not court ordered yet and the lawyer thinks that you no longer have money left in your account for them to continue?

Kitty C.

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Re: Advice about lawyer issues?
« Reply #2 on: Dec 03, 2015, 04:02:03 PM »
Either that or contact your state bar association. If she's working for you and hasn't done the proper filings, she may get sanctioned by the state bar.  And if they find her at fault, I would be asking the state bar to assign another atty. pro bono.  Never hurts to ask!
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Re: Advice about lawyer issues?
« Reply #3 on: Dec 03, 2015, 06:33:31 PM »
ya know....I think the first step is to go pull the physical file yourself and see what HAS been filed and read up on all the paperwork there.

Secondly, if you and your husband are talking -- figure out how to do it pro se and "fire your attorney" of record. 

THEN I would file a complaint with the state bar association.

Not sure I agree with filing a complaint and then hoping another attorney will be assigned pro bono.

Also, here in Alabama there's an association of attorneys where they list pro bono attorneys and stuff.  There's a free law clinic where you can see an attorney twice a month and stuff.  Start searching on-line or call your state's capital and start asking for pro bono attoney's or free law clinics.  And go from there.

The family law clerk here in our county could GUIDE me a lot, but not tell me what the law was regarding decisions and stuff.  She'd say you need form 1, 2, 3, and 4 and they are on line.  So I'd fill that out and give it to her.  THEN I'd keep asking her the next PROCEDURAL step -- not for law advice -- VERY fine line.

Or do you have a local university with a law school -- they might be of help too.

 

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