Finalizing Agreement-Lawyer MIA

[FLMom]

State of Florida.

I filed for a modification of custody June 2003. Lawyer "misplaced"
papers to serve on ex after receiving retainer. After many phone
calls lawyer served papers in July and ex retained his atty. No action
was taken by my lawyer until the judge requested of both lawyers to
either move ahead or dismiss. Mediation failed end of September 03.
My lawyer "forgot" to call and set hearing date, and again after many
phone calls date was set for March 2004, cancelled, then reset for
May 2004. Hearing in May was brief, final hearing set for July.

Prior to ruling judge offered both parties the option of trying one last time to come to an agreement. During this two hour period I was urged by my atty to not irk the other atty by my requests of equal time and other deviations from the norm. I insisted and ex agreed on what ended up to be a very fair final agreement, with the judge also happy with what we had worked out. Judge then ordered both attys. to file those agreements made and a motion to deviate from child support guidelines.

This was in July. Since then my lawyer has not returned any phone calls, either to me or my ex's atty. I have never received a bill from him. We have adhered to agreements yet ex and I are both in limbo with no finality to this.

I have paid CS during this time after receiving a tutorial from our clerk of court, so that when order is finalized I will not be in arrears.

Questions:

1) With nothing finalized or filed, can my ex possibly go back on these agreements, reverting the schedule back to the minimum of NCP visitation?

2) Can ex file for state guidelines of CS payments instead of what we agreed on?

3) What exactly do I need to ask the Florida Bar to do to expedite the proceedings?

4) Do I have grounds for legal malpractice as I have had to push my lawyer along every step of the way?

5) Legal wheels are slow I understand, but how long is too long?

[socrateaser]

>1) With nothing finalized or filed, can my ex possibly go back
>on these agreements, reverting the schedule back to the
>minimum of NCP visitation?

Possibly. If nothing is signed by the other side, then there is probably no agreement.

>
>2) Can ex file for state guidelines of CS payments instead of
>what we agreed on?

Always, and no matter what you agree to before hand. Parents cannot bargain away the child's right to support.

>
>3) What exactly do I need to ask the Florida Bar to do to
>expedite the proceedings?

File a complaint. It will not expidite your procedings -- all it will do is help you get your money back from the attorney so you can hire someone else who will give you appropriate representation.

>
>4) Do I have grounds for legal malpractice as I have had to
>push my lawyer along every step of the way?

Probably, but, beating an attorney in a malpractice action is like challenging Barry Bonds to a home run contest.

>
>5) Legal wheels are slow I understand, but how long is too
>long?

To me, if the client is unhappy, then it's too long.