Ask Me Help Desk - Missing Attorney

Missing Attorney

Good Afternoon,

I have been going through my child custody modification for a while and it took 4 and a half years to get my divorce for a one year marriage. The fact is that he fights and wants his way or the highway all of the time and he is mentally disabled. My case is strong and we are set to go to trial mid December and at the beginning of December we are set for another pre-trial conference where the GAL (guardian ad litem) will give his written recommendation. We had a pre-trial at the beginning of November where it was established that the GAL is going to gather everything (his own private trial) of everything that is to be presented at trial and give the recommendation. My attorney wanted to get together at the beginning of last week so that I could bring everything to her for review and than she would forward it to the GAL.

I have not heard from my attorney since November 7th. This is not the first time that she has disappeared when we were supposed to be getting prepared, it is actually the third time in the last three months. The last time that it happened I contacted a fellow attorney and they recommended that I seek new representation and recommended three attorneys that might take over the case, this was just before the last pre-trial. Two out of three of the attorneys requested a retainer of $3000.00. (I realize that this is significantly low compared to other areas but it is a retainer that I can not afford, especially since I have retainer monies locked up with my current attorney) On top of that concern being so close to the end it is hard and extremely costly to bring a new attorney up to speed. My attorney has always found her way out of the wood work and has only missed one actual court date, a court date that it actually benefited my case she did not appear, and while if she hadn't been missing the last time prior to the last pre-trial I think that the case could have been wrapped up I can't cry over spilled milk.

Would it be recommendable under the circumstances to turn over all the documentation myself to the GAL (in essence the attorney representing the child) without waiting for my attorney to review them first? Next week is Thanksgiving and there are a lot of highly important papers and emails for him to review before giving his written recommendation. I feel like I am down to the wire with needing him to review these articles which include homework, my diary, the last GAL recommendation that favored me with the exception that I was going to school FT and working FT. Any ideas on how to get myself out of the rock and hard place scenerio?

Does your State allow you to have direct contact with the Guardian Ad Litem?

Where is your Attorney disappearing to - ? If you know -

Yes, I can directly contact the GAL. Actually he really doesn't talk to the child, she isn't of age to make the decision.

I am thinking I don't know. I have suspected alcholism, but that is because my mom is an alcoholic. Literally she goes missing so long that her voicemail is too full to take messages, cell phone and office phone. She doesn't have an assistant.

It appears you were given proper advice to change attorneys. That would have been proper advice.
Since you did not or could not do a change, you have little choice.

What is the biggest differences between what you want and what the other ex wants.

So often I wonder if the difference is often worth the 5000 to 10,000 that these thigs can cost.

Quote:

Originally Posted by Justwantfair

Yes, I can directly contact the GAL. Actually he really doesn't talk to the child, she isn't of age to make the decision.

I am thinking I don't know. I have suspected alcholism, but that is because my mom is an alcholic. Literally she goes missing so long that her voicemail is too full to take messages, cell phone and office phone. She doesn't have an assistant.

RUN! RUN! RUN to the GAL! RUN to another law firm. Explain the situation AND express your concerns. I've known Attorneys to pick up the slack for rogue Attorneys and then "discuss" the matter with the rogue.

But - in the meantime - RUN!

My exhusband and I have a current joint custody order. While we have had joint custody we have made three decisions together and all three he changed unilaterally behind my back causing complete chaos to our lives. For first grade we had chosen her elementary school. Two days before the start of his neighborhood school he enrolled her in his neighborhood school that is a year round school because she wasn't registered at the school we had discussed. Registration for the school we had chosen together did not have registration days until two weeks following when he enrolled her at that school he chose. My daughter attended that school for two weeks until I made it back into court and they forced him to allow her enrollment in the school we chose together originally.

Last summer she fell ill on a Friday and he keep her home from school it was his night. I called in the afternoon and she was still ill and it was my weekend to have her. I asked that since she had started the fever at his house and we had joint custody if he would switch weekends so that we didn't infect both houses, he said he would keep her Friday night and if she was better she would come home on Saturday. He called me at 6pm Friday and told me that she wasn't running a fever anymore and that she could come home, I told him that we should just stick with the plan I was already home for the night and I would get her on Saturday if she was still feeling better. Saturday he claimed she was fine and after being home laying down for two hours she was running a 103.9 fever. He had been so busy trying to get her fever down so she could be well enough to come home that he completely didn't know that she was really sick. I looked in her throat, that was her main complaint and she had strep. Than he refused to want her to go to Immediate Care, he believed that it is just quacks that work there and they would just give her an antibotic.

We had also agreed that this last summer she would attend a summer day camp every other week through the summer. He is on disability so he is home all of the time. He agreed and than after she attended for one week he decided that she would no longer be allowed to go back. He didn't have any reasons other than his time was too important to give up but he had agreed and now he is trying to say it's not safe and it's not really camp because there are not any campfires or overnights. My daughter cried every morning about it, her brother still was going for the rest of summer.

This year she was enrolled in the school that she attended last year and he had applied for an in district transfer for her to go to his local school that was on a regular school schedule. He told her that she would be attending there and took her on a tour of her "new school" before I even knew about it. He had asked our mediator two weeks prior and she had told him you don't rediscuss schools every year, she would go to the school she attended the year prior.

He is mentally challenged but he has all of this time and he does love his daughter, I am not doing this because he doesn't and I don't want to "take her away" from him, but he doesn't make sound judgements and he isn't rational enough to see that his decisions are all about him and not her.

I don't know how to handle joint custody in this situation. I try to work with him. I want to make decisions together, but I can't work with someone who just does whatever after the decision is made.

Can I get in trouble with my attorney? Is it a bad move on my part to give him everything? I don't have anything to hide but it hasn't been reviewed. I know it is bad advice to stay with her, but I don't have a lot of choices this close to trial. She seems to show back up again and she has still been getting most everything done staying on top of things when you can find her.

Wow, if your attorney it that irresponsible I would have switched the first time she went MIA. Get yourself a new lawyer!! Why are you worried about getting into trouble with your current lawyer? All she can do is bill you for the time that she worked on your case and not be your friend but who cares? You need someone you can depend on.

I have pre-trial in two weeks and trial in three weeks. I can not change attorneys and have one up to speed by then, besides the cost. I just can't afford a 3000 retainer right now and that is at least what it would cost to bring in a new attorney this late in the game.

Quote:

Originally Posted by Justwantfair

I have pre-trial in two weeks and trial in three weeks. I can not change attorneys and have one up to speed by then, besides the cost. I just can't afford a 3000 retainer right now and that is at least what it would cost to bring in a new attorney this late in the game.

How about you write her and say you're getting nervous and concerned and you haven't been able to reach her in X days and would she please contact you?

Your concern is understandable and now that you've explained the situation I tend to agree with you.

If she gets the job done and you're that close you may not have any choice.

I did email her yesterday. I told her in the email to get back to me asap. If I don't hear by Monday I am turning everything over to the GAL and she won't get to review it. I am so worried I will get blown off the day of trial.

I'm not much of a fan of email - she can always blank. I'd also put it in writing and mail it to her, stating nicely that you are concerned, there's a lot of paperwork, if you don't hear from her by, say, Tuesday, you think you'll mail it/take it to the GAL. You know, nice, blah, blah, blah.

Yeah, haha I work for an attorney's office, I am good with the oh so kind phrasing.

Quote:

Originally Posted by Justwantfair

Yeah, haha I work for an attorney's office, I am good with the oh so kind phrasing.

Then you know exactly how it works! So play the game -

So it has now been eighteen days that my attorney has been out of the office; the phone is still not taking messages because the voicemail is full... I am thinking it's time for ARDC (Illinois Disciplinary Committee). We are set for trial in three weeks. How depressing to set all the work back and virtually start over from the beginning. :(

So my attorney is still missing, recontacted the GAL and told him I would be terminating her services... he proceeds to confirm that she is a substance abuser. I am reporting her to the ARDC which is Illinois Disciplinary Commission, but the GAL said that has already been done and they were already "working" her complaints prior to me retaining her. There hasn't been any complaints listed online and he stated that is because the "work" the complaint before they are considered to have pending complaints. Is there anything that I can do to have fees refunded since essentially I am back to square one to start this process again and what really makes me upset is that she was already in trouble for this, why is she taking new clients??

So I filed an ARDC complaint against my attorney and still have not seen the remainder of my retainer.

On December 29th she passes away...

The ARDC now responds that they are unable to assist in the matter since she is deceased...

What now?

Quote:

Originally Posted by Justwantfair

So I filed an ARDC complaint against my attorney and still have not seen the remainder of my retainer.

On December 29th she passes away...

The ARDC now responds that they are unable to assist in the matter since she is deceased...

What now?

If you didn't have bad luck you'd have no luck at all! I am speechless!

Right.

Well she passed away, I guess she was starting to hallucinate and the night before she ended up going out in the middle of the night, coat and clothed without shoes.

I really do feel bad, but not $1600.00 loss bad.

What would I file against her estate and that will probably be one hell of a line...

My new attorney, she is well aware of the situations surrounding my old attorney said that she thought there were quite a few people in my boat with me.

Just amazing.

Quote:

Originally Posted by Justwantfair

Right.

Well she passed away, I guess she was starting to hallucinate and the night before she ended up going out in the middle of the night, coat and clothed without shoes.

I really do feel bad, but not $1600.00 loss bad.

What would I file against her estate and that will probably be one hell of a line...

My new attorney, she is well aware of the situations surrounding my old attorney said that she thought there were quite a few people in my boat with me.

Just amazing.

You can always file a claim for a refund in whichever Court handles probate in your area. I appreciate she was not well (or whatever her problem was!) but she certainly mishandled and delayed your case, cost you sleepless nights... and $1,600. This is another one of those I am amazed another Attorney didn't see she was having problems and step in, if not to protect her, to protect the legal profession.

Again - I'm speechless.

Was it drugs - which you suspected?