QUESTION
Do I help from another attorney if someone filed my divorce already?
Asked on Jun 22nd, 2015 on Divorce - California
More details to this question:
An attorney was paid to file my divorce papers for me two years ago, even though he is not my attorney on record. Even with me calling him constantly, he has not completed the forms required. My simple divorce has to still be finalized, even after all this time since I filed. I have not been able to get a hold of him for almost a month and a half. This is not the first time this happens to me with him. Can another attorney help me?
7 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Yes: another attorney can help you. Your lawyer should be reported to the bar discipline organisation in your state. (In Wisconsin it is called the Office of Lawyer Regulation, and is a branch of the state Supreme Court.) Your new lawyer will probably advise you to fire your prior lawyer in writing and demand a refund. You and your new lawyer can notify the Family Court exactly why you are discharging your prior lawyer, and that you want him discharge by the court and your new lawyer permitted to represent you. (In cases where a lawyer does respond to client communications as s/he should, one of the lawyers would draft a Stipulation for Substitution of Attorneys but your no-account lawyer would probably not sign and return the paper.
Answered on Jun 23rd, 2015 at 11:29 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Almost any family law attorney can help you Your old attorney could be grieved.. contact the attorney client grievance commission.
Answered on Jun 23rd, 2015 at 10:31 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You need to fire the first attorney and hire a second.
Answered on Jun 23rd, 2015 at 9:10 AM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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Yes. You fire your old attorney, get back your retainer and your files and hire a new attorney who will file a substitution of attorneys with the court .
Answered on Jun 23rd, 2015 at 2:31 AM
I would suggest that you might contact the State Bar fee arbitration office and ask for your money back. And get another attorney.
Answered on Jun 22nd, 2015 at 5:01 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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A new Attorney can substitute into your case as attorney of record and complete your divorce action.
Answered on Jun 22nd, 2015 at 4:11 PM
The best and quickest way to move forward with your matter is to file a formal complaint with the Florida state bar against your attorney that keeps dragging his or her feet. Good luck.
Answered on Jun 22nd, 2015 at 4:11 PM