This lawyer has prolonged our proceedings by months! He doesn't answer the phone or email for his client or the opposing attorney. His job is simple, it does not require mediation, yet he cannot seem to forward a simple email to have his client sign it. My ex has hired this idiot for all the proceedings we have ever had and I'm tired of paying fees on top of retainers for my own lawyer just cause my ex's lawyer cannot be gotten a hold of.
Your ex has the absolute right to choose his or her own attorney, as do you. Since that attorney works for your ex and not you, you do not have any control over the quality or efficiency of the work. However, if their attorney's incompetence is causing you to incur additional legal fees, your attorney can absolutely ask for attorney fees to be compensated for them dragging things out. This is a pretty routine request, but will up to the judge whether or not to order it. And depending on which court you are in, it may also depend on your ex's ability to pay those fees. If you are in a better position to pay, you may be required to pay, even if it was not your fault. This is one of life's penalties for making a poor choice of mates. In addition, attorney's fees are usually one of the first thing that is conceded in any settlement, so if you are able to resolve your case out of court, you probably will not be compensated for your attorney fees.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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