QUESTION

What can I do if my divorce attorney has charged me $11,000 and nothing has really been done and I can’t afford to pay him anymore?

Asked on Aug 08th, 2014 on Divorce - California
More details to this question:
He asked me to sign a substitution of attorney but I don't have an attorney.
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4 ANSWERS

You can sign a substitution making you your own attorney, or he can file a motion to ask the court to let him off the case and you would probably be charged for that motion and court appearance. The courts should have a facilitator who can help you complete the paperwork to get your case done.
Answered on Aug 11th, 2014 at 6:44 PM

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He will make a motion to withdraw. You could go to arbitration over the fees with the county bar.
Answered on Aug 11th, 2014 at 6:42 PM

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Arbitration Attorney serving Irvine, CA at Law Office of Linda K. Frieder
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Based on the situation, as long as trial is NOT within the next two weeks, you should go ahead an sign the Substitution of Attorney form. This for two reasons: 1. You are probably not happy with your current attorney & you can't afford to continue the relationship; and 2. The attorney can file a Motion to Be Relieved as counsel (the attorney will 90% of the time win) and the attorney can charge you for the time he/she spent writing and appearing at the hearing to to be relieved. So it is best you execute the form and look for a new attorney. You will be treated as representing yourself until you find a new one. Ask your current attorney for all the billing statements and your file. I sure another attorney will be happy to review the billing and let you know if the billing is reasonable or not. In the mean time, once you have your file from you current attorney, file a request to arbitrate the attorney's fees with the local bar association. If your in LA, it is the Los Angeles Bar Association. If your in OC, it will be the Orange County Bar Association. Each county has it's own Bar Association. They also have the Petitions to Arbitrate Attorney Fees form on their websites. If you feel you cannot represent yourself ( and I don't recommend you do ) look for a new attorney. Every attorney is different and they all have their own rates. Explain your situation to the attorneys you are interviewing. Check out the attorney's qualifications and experience. Most importantly, is to find an attorney with whom you can communicate and feel comfortable with. It makes a difference when you are going through a divorce.
Answered on Aug 11th, 2014 at 1:19 PM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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If you don't sign the substitution, the attorney will have to file papers with the court to be relieved as your attorney and then the other side will know precisely what is going on between you and your attorney. I recommend you sign it and, since you cannot afford an attorney, take over representation of yourself. A paralegal might be able to help you and they are generally cost less than attorney. However, a paralegal cannot represent you in a court room. Good luck.
Answered on Aug 11th, 2014 at 12:52 PM

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