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View Full Version : Attorney hired for child custody matter, will not cooperate


anne2886
Feb 1, 2009, 12:16 PM
Can anyone help here? I am a very sad grandmother. In Feb. of 2008, I paid $2800 to have a Calif. Attorney represent my daughter in a child custody case for her 6 yr. old daughter, my granddaughter. This (*7^^%$) excuse of a man did absolutely nothing, filed no motions, nothing. When he was asked to provide documentation of what he had done, he said he wanted out, and sent my daughter a substitution of attorney form and a bill for another $3800. His charges consisted of fake telephone calls and email charges.
We filed a complaint with the Ca. State Bar, 10/08, but they found in his favor.?
We filed a follow-up complaint, two weeks ago 2/25/09.
My daughter sent this attorney, her signed copy of the substitution of attorney form by registered certified mail, two times, but he will not acknowledge, sign them and send them back.
She was told by the Calif. Legal aid society, that they cannot help her, until this attorney has signed the substitution of attorney form. We cannot afford another attorney.
Does anyone out there have any help to offer. What can we do? We are two women, alone and scared and desperately trying to fight for our little girl. Child Protection Services will not help either. Any information would be so very much appreciated.

JudyKayTee
Feb 1, 2009, 12:27 PM
I don't understand why the Attorney won't simply sign the form, if for no other reason than to get off the case.

I see no hope other than Bar Association taking a stand.

Is the Attorney holding the file until his fee is paid?

cadillac59
Feb 1, 2009, 01:33 PM
It's guys like that that give the rest of us a bad name. Sorry to hear of your dilemma.

I would go to another lawyer (I know it hurts after feeling burned by the first one) and see if you can get some help. I had someone come to me once who had a similar experience with a lawyer who flaked out and wouldn't sign the sub of attorney. I just appeared at a hearing in court, explained to the judge that we were getting no cooperation from the former lawyer, and the judge just issued an order substituting the former lawyer out and me in the case. Give that a try.

But talk to another lawyer. And don't fool with non-certified people (but with all due respect some are fine)-- find one who is a Certified Family Law Specialist (CFLS)(certified by the California State Bar Board of Legal Specialization).