Problems with divorce lawyer

[Lupe Castro]

i live in bakersfield, california. i filed for divorce three years ago, my lawyer streched the time and fee by setting up court dates and canceling at the last moment, or being in court but not dealing with my case. another tactic she uses is to avoid giving information then charging for the calls. she also charges for "preparing time" but when we get together she demonstrates ignorance of the case (there was no preparation as she claims). she is late to meetings, uses client's time to make long telephone calls, etc. in short, she gives very poor service. three years and $9000.00 later, the divorce is not finished yet. now she wants me to hire a different lawyer to divide the property. this is not the divorce of rich people that could be very complicated, but of a working couple, with only the house and retirement funds to deal with. What recourse do I have? How can I make her finish the job I hired her to do? The only reason I am posting this is because after reviewing what there is in the web about legal problems, the only one not touched is the client-lawyer problems. LC

 

[vrzirn]

I would do several things.
1. get a bifurcated divorce. Then you are divorced and the community property issues are separate.
2. ask for a court mediator to resolve those Reserved Issues (property and finances)
3. file complaint with State Bar
Fortunately, California is community property state so it should be fairly easy to settle this equitably if both parties are sane.

 

[Lupe Castro]

Problem with divorce lawyer

thank you for the advice about the lawyer. i do want to file a complain with the state bar association, but first i would like to finish my divorce. all that is needed is the division of property, but she told the judge (even before she told me) that i would have to hire a new lawyer to do the division, and that it would cost me about $1000. this would bring the total of my divorce to $10,000. she had me hire a consultant to analyze my ex-husband's estate (investments, stocks, retirement funds, etc). So my next and final question is how can i make her finish the process. i do not want to antagonize more than i already have, and i do not want to threaten, but i do not know what argument to use when i call her office. please help, this is my last resort. LC

 

[vrzirn]

Are you divorced or not? Obviously, your attorney does not want to deal with division of community assets. Take the analysis done by your consultant and hire another attorney. Spend the other $1000 and make sure you get what you are entitled to. If your current unwilling and possible inept attorney does it you may find it cost you more than $1000 over the long-term.
Actually, the consultant was a very good idea.

 

[Lupe Castro]

Ok, thank you.

 

[vrzirn]

A really agressive lawyer will ask the judge to award you a portion of your legal fees. And,although divorce fees are not tax-deductible, if any of those costs are related to preserving business interests then they may be. Make sure the attorney bills or notes that time separately. Do the same thing with first attorney. Then, when everything is over, talk to your accountant.