What is the name of your state? Florida
My attorney as has filed his motion to withdraw from my case that has been going on for 6 months now.
From the onset there have been many things that he has done that has made me want to fire him, but I simply did not have the means to hire another attorney. He was paid his retainer in full and now he is claiming that he is withdrawing for me violating our engagment agreement (nonpayment). I only received a new bill from him 2 weeks ago with no itemization and no due date. When I called his office to request the itemized bill, his legal aid told me that she would have him call me (which he never did) but I would need to pay the amount before 12/07/07 which is to be my deposition hearing. Now, he has his motion to withdraw hearing on 12/05/07 (this Wednesday) which he scheduled for 5 minutes.
I called the Judge's Assistant to let her know that I wanted to 1. do a telephonic hearing so that I can tell the judge my piece during his motion to withdraw, and 2. to the let the Judge's Assistant that I will be filing a Motion to Continue so that I can postpone the deposition tis Friday and hopefully get 30 days to find a new attorney.
Here is a past detail of my case on this forum [URL="http://forum.freeadvice.com/child-custody-visitation-37/cant-see-my-girls-alone-366013.html"]Can't See My Girls Alone?[/URL] but here is what I feel he has done wrong so far:
- in my original response he filed that I wanted "full custody" of my girls rather than the shared custody that I wanted and that my wife filed for becuase he said "it would give us more leverage when it came down to negotiating...standard practice" he claimed.
- it took him a month and a half to file a motion for contempt when at first he claimed there was nothing he could do to facilitate me seeing my girls more. The same day he also filed a Motion for Temporary Relief.
- after reaching an impasse at our mediation hearing, he turned to me a stated that "I wasn't prepared for this".
- he did not set a date for the Motion For Temporary Relief which he was supposed to after the mediation I just found out. He told me the court had not set the date yet, when in fact he was supposed to do it.
- he agreed to a Social Investigator on my behalf without answering my questions about it and advising me of the fees attached to it first.
- he has only returned my calls or emails after about 3-4 weeks at a time at his convenience, usually in the evening.
- he has not provided me with accurate accounting or invoices in my case.
It is my belief that he is trying to get out of this case because he is mainly a mediation attorney (by his own admittance) and he basically does not know what to do. I think that he is using the financials as a excuse to withdraw from this case. I believe this because why wouldn't he have set a date for the Motion For Temporary Relief to get money so that he could get paid? It just doesn't make sense.
My questions to everyone now are:
1. How do address this attorneys nonperformance, deceipt, failure to communicate and failure to provide accurate accounting to me? He is requesting the court grant him his past due fees, but I think he should even refund my retainer.
2. Is this done at this hearing or through the Florida bar or by hiring another attorney?
This a very important and pivotal time in my life and I am not going to let some jerk get away with botching up my divorce!