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How long is to long?

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twitchelvi

Junior Member
What is the name of your state (only U.S. law)? Texas
I paid an attorney only to get me to the temporary custody hearing during my divorce, during the time beforehand I feel he was hard to get ahold of and took much longer filing than he should have. Before the hearing we met with my wife and came to an agreed divorce and returned the next day to present it to the judge. Both my wife and I signed agreement for all of it, and agreed that Texas was home state for custody determination. However, a few months prior she had taken the children to Alaska and obtained a DVRO against me which contained visitation restrictions. Because of that the judge stated that he would not sign off on the divorce until Alaska waives its jurisdiction. As I would appear pro se up there, the judge told my attorney to prepare the motion needed for that.

Outside the courtroom I asked my atty. when I might expect to hear from him, maybe a week or two? He laughed and said "Yeah, haha, a week or two. I will get to it when I can." A week later I emailed him with a question, and after another week still had not heard from him so I went to his office to see if I could speak with him. When he came out to the lobby, he shook my hand then told me that he didnt take walkins and I needed to call before I just showed up again like that. After speaking with him I again asked him if he had any idea when I might be hearing from him. He told me that no, he didn't know when he would be done, he was busy and would get to writing my motion when he could and I would just have to wait for him to get it done.

I dont have money to look for another atty. so other than waiting for him I really don't have other options. At what point should I say that he is taking to long to prepare my motion? Should I go to the bar and file a complaint at some point? I really don't know what else to do at this point so any advice would be very appreciated.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Texas
I paid an attorney only to get me to the temporary custody hearing during my divorce, during the time beforehand I feel he was hard to get ahold of and took much longer filing than he should have. Before the hearing we met with my wife and came to an agreed divorce and returned the next day to present it to the judge. Both my wife and I signed agreement for all of it, and agreed that Texas was home state for custody determination. However, a few months prior she had taken the children to Alaska and obtained a DVRO against me which contained visitation restrictions. Because of that the judge stated that he would not sign off on the divorce until Alaska waives its jurisdiction. As I would appear pro se up there, the judge told my attorney to prepare the motion needed for that.

Outside the courtroom I asked my atty. when I might expect to hear from him, maybe a week or two? He laughed and said "Yeah, haha, a week or two. I will get to it when I can." A week later I emailed him with a question, and after another week still had not heard from him so I went to his office to see if I could speak with him. When he came out to the lobby, he shook my hand then told me that he didnt take walkins and I needed to call before I just showed up again like that. After speaking with him I again asked him if he had any idea when I might be hearing from him. He told me that no, he didn't know when he would be done, he was busy and would get to writing my motion when he could and I would just have to wait for him to get it done.

I dont have money to look for another atty. so other than waiting for him I really don't have other options. At what point should I say that he is taking to long to prepare my motion? Should I go to the bar and file a complaint at some point? I really don't know what else to do at this point so any advice would be very appreciated.
If you think your attorney is taking too long to prepare your motion, you should call his office and make an appointment for a meeting with him to address the matter. At this meeting, tell your attorney you think he is taking too long to prepare your motion. Ask him to explain the delay. Ask him to explain anything you do not understand about his explanation.

Here are three links from the State Bar of Texas to information on ways to handle problems with your attorney:

Client-Attorney Assistance Program: https://www.texasbar.com/AM/Template.cfm?Section=Problems_with_an_Attorney&Template=/CM/HTMLDisplay.cfm&ContentID=23760

Is Filing a Grievance the Right Option: https://www.texasbar.com/AM/Template.cfm?Section=Problems_with_an _Attorney&Template=/CM/HTMLDisplay.cfm&ContentID=23739

Filing a Grievance: http://www.dallasbar.org/content/grievance-procedures

Good luck.
 
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