Ask Me Help Desk - Any recourse?

Do I have any recourse (I'm in CA) for my attorney's office not returning my phone calls, not doing what they are supposed to do, and basically just blowing me off? I have been 'left hanging' now without the bother of a return phone call several times... We are under a time crunch now (as dictated by the judge) to settle custody issues, but I CAN NOT get them to do anything on my case.

Without going into the long, long detail, I have been screwed over by a prior attorney's office and now this one. I have lost everything (monitarily and most custody) due to their lack of 'due diligence'. At the last court, my attorney accecpted the mediator's recommendation for custody, even though I spent over an hour on the phone with them about why it was not acceptable.

What I am afraid of now, is that if we don't meet the court's deadline, I will lose all custody and still have have my case settled (going on three years now).

Anyhow, any advice on what, if anything I can do to push it along?
Thanks!

Quote:

Originally Posted by seashell99

Do I have any recourse (I'm in CA) for my attorney's office not returning my phone calls, not doing what they are supposed to do, and basically just blowing me off? I have been 'left hanging' now without the bother of a return phone call several times....We are under a time crunch now (as dictated by the judge) to settle custody issues, but I CAN NOT get them to do anything on my case.

Without going into the long, long detail, I have been screwed over by a prior attorney's office and now this one. I have lost everything (monitarily and most custody) due to their lack of 'due diligence'. At the last court, my attorney accecpted the mediator's recommendation for custody, even though I spent over an hour on the phone with them about why it was not acceptable.

What I am afraid of now, is that if we don't meet the court's deadline, I will lose all custody and still have have my case settled (going on three years now).

Anyhow, any advice on what, if anything I can do to push it along?
thanks!

I thought you lost custody because you left the State without Court approval - what was your Attorney's part in that? Or wasn't that the problem?

If you are unhappy, send them a certified letter and tell them calmly and rationally (and people don't always do that) what you expect: timely return of phone calls, monthly billings, whatever it is. Ask for a response. If there is a problem, if they consider you a problem client, they will let you know. If their office is in shambles and no one is being appropriately represented, they'll shape up.

Part of the problem may be that they are the second law firm in this - doesn't look good for the client and can be frustrating for the Attorney. Of course, I don't know you and you very well could have picked two unresponsive law firms without knowing it. I recently had someone tell me about the terrible job her Attorney was doing in her divorce - she had retained the same Attorney who closed on her house, a real estate Attorney, and never realized she should have gone with someone who specializes.

I don't know if you are fighting a losing battle and that's why your Attorney agreed to the mediator's recommendations or if the Attorney is not doing a good job for you.

You can always change Attorneys -

Thanks for your response... to clarify

No, I did not lose custody and I didn't move out of state, only out of county. We had 50/50 custody, and with my impending move, that is where and when I switched attorneys. From then on out, I was pushed onto another attorney (a tax attorney) for my custoday issues.

We have verbally agreed to custody and visitation, but I can't get my attorney to get his I&E filled out and have him sign the papers so the judge can sign them and make them 'legally binding.' There are other issues that we are pressed for time.

With my prior attorney (who milked me for $8000) I did send a certified letter and he then charged me $280 to read the thing! Got me nowhere and still no response from him.

On to attorney #2 (and $2500 later) we are still no where and I can't get them to do anything... they switched me around again, and now I'm apparently back to the tax attorney who by the way has never handled a custody issue--surprise, surprise...

Is there anything I can do directly with the court, or am I stuck with either this attorney's office or hiring yet attorney #3? I can't do the latter simply because I am out of money.

Thanks!

You are correct on your choices you can either go to court alone or hire a third attorney. If you want to go to court alone you can always do that but if your ex has a lawyer you are just about guaranteed to loose. If you want a third lawyer look around for one that practices family law (tax attorneys have their purpose but for the same reason you don't go to a family law attorney for tax problems you don't go to them for custody problems). I don't mean any offence but it sounds like the problem might be you. From you getting the run around and charged for reading your letter it sounds as if they just have a problem with you or your case. As Judy pointed out you could be fighting a losing battle and don't realize it. I'm not saying that for sure just based on what I've read so far.

Quote:

Originally Posted by seashell99

thanks for your response....to clarify

No, I did not lose custody and I didn't move out of state, only out of county. We had 50/50 custody, and with my impending move, that is where and when I switched attorneys. From then on out, I was pushed onto another attorney (a tax attorney) for my custoday issues.

We have verbally agreed to custody and visitation, but I can't get my attorney to get his I&E filled out and have him sign the papers so the judge can sign them and make them 'legally binding.' There are other issues that we are pressed for time.

With my prior attorney (who milked me for $8000) I did send a certified letter and he then charged me $280 to read the thing! Got me nowhere and still no response from him.

On to attorney #2 (and $2500 later) we are still no where and I can't get them to do anything....they switched me around again, and now I'm apparently back to the tax attorney who by the way has never handled a custody issue--surprise, surprise.....

Is there anything I can do directly with the court, or am I stuck with either this attorney's office or hiring yet attorney #3? I can't do the latter simply because I am out of money.

thanks!

Well, I'm picking myself off the floor over the $280 for the Attorney to read the letter that you sent him asking why he's not doing anything. That's after I reacted to the $8,000 with great shock.

Okay, I've got the County/State thing straight. Thanks for the clarification.

In some areas if there are problems Family Court - or whatever it's called - will step in, realizing that the importance of these issues, that time is being wasted, that your children's lives are being impacted in a big way.

This is one of those "darned if you, darned if you don't" situations. Probably the same story if you go to the office and ask to speak to someone - they'll charge you for the appointment (and probably rental on the office magazines you read while waiting - :).

Does the Attorney send you regular bills? Do they indicate what he/she/they are doing that's taking so long?

Otherwise - I think I'd try the Court Clerk. This MIGHT rise to the level of malpractice but it would be a mistake to make inquiries in that direction until this is over.

This is one of those situations when I WISH I could come up with something you haven't already tried - no question you tell a logical, cohesive "story," remain calm, know what you're talking about - and you're getting worked over.

Maybe somebody will come along with words of advice other than what I've come up with.

Well, that's pretty much what I have thought for the last three years... Im fighting a losing battle... too bad, but I guess that's my life.

I appreciate your trying to help