QUESTION
What are my options if my attorney did not file divorce but I paid him full 7 months ago?
Asked on Jun 28th, 2013 on Divorce - Michigan
More details to this question:
I paid an attorney his retainer in full 7 months ago to file my Divorce. The amount paid was to cover the filing fees etc to the state as it was a relatively simple divorce as far as assets etc. were concerned. I have a receipt showing payment, but there has been little or no action on their part and the divorce is not filed with the state. After repeated calls to their office I encountered the paralegal who decided I was rude and didn't want to be cooperative. I have been more than patient and have tried to heed my lawyers advise when he gave it. I leave multiple messages at the office to no avail, I email on a regular basis with no response. The divorce is not filed as of today with the county. Who is he accountable to? if I were fired as a client wouldn't he have to tell me?
4 ANSWERS
Personal Injury Attorney serving Reno, NV
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Law Offices of Jill K. Whitbeck
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You should have a contract, called a retainer agreement, that outlines what the attorney was supposed to do for you. Whether you do or don't, under the circumstances you should probably fire your attorney and demand a 100% refund of your retainer fee within a reasonable time (3 days). If you don't get your money back, file a formal complaint with your State Bar. While that is pending, get a new attorney to proceed with your divorce.
Answered on Jul 01st, 2013 at 8:26 PM
Family Law Attorney serving Columbus, OH
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Law Offices of William L. Geary, Co., L.P.A.
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Call the bar association in your county or the Ohio State Bar Association and report this to them.
Answered on Jul 01st, 2013 at 8:25 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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File a complaint with the bar association. That will get you some needed attention.
Answered on Jul 01st, 2013 at 9:57 AM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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A 7-month delay to file a Divorce Complaint seems WAY too long. If you are not receiving prompt responses or good service from your lawyer, you may want to consider interviewing other Family Law lawyers to find a better fit. There are many excellent Family Law lawyers throughout the State. If you find a more responsive lawyer, hopefully they can coordinate with your old lawyer to try and secure at least a partial refund of your retainer (depending on how much work your old lawyer claims they did on your case).
Answered on Jul 01st, 2013 at 9:22 AM