Lawyer...

[almostsm]

What is the name of your state? Missouri

Dad needs to file contempt. Dad lives 2 states away from where jurisdiction of the case is (Missouri.) Dad contacted lawyer in JULY 2006, gave $500 up front.

The lawyer immediately cashed the check, and has done NOTHING on Dad's case. After calling and sending emails for months, the lawyer finally started returning Dad's communications efforts in April and had Dad send all documentation regarding the contempt motion. The lawyer has said a couple times that he will "get to it in a few days, and something should be sent to you by next week (regarding rough draft of motion.)" Yet nothing is done. Dad has been a pest in calling the lawyer and sending emails. I'm sure the office is getting annoyed, but nothing has been done yet.

Dad doesn't want the money he sent all going to emails and telephone conferences if the lawyer isn't going to do anything pertinent regarding the case, which is what it seems at the moment, that he is doing NOTHING. Dad has considered changing lawyers, but doesn't have enough money for another retainer.

I realize $500 doesn't seem like much right now, and Dad's considered that to be the reason why the lawyer is going so slow at this. However, Dad asked the lawyer's office if Dad had any outstanding or current bills, and the office said no. Dad also asked that if any new bills are incurred, to mail an itemized bill, which will contain current costs as well as what the $500 went towards. Dad recently sent in $200 to specifically go toward the filing/processing fees ($700 total so far.) That check has not been cashed yet.

Due to the lawyer not having done anything yet, Dad has missed visitations with his children which he believe may have been prevented had he gone to court a long time ago. Mom has put revisions on the court order that Dad has to follow, otherwise he doesn't get to see the kids. Right now Dad is trying to get things going as quickly as possible because Mom thinks one of the children need surgery, and she wants to schedule it during Dad's summer visitation (instead of the approximate 4 weeks she has them.) In the past when doctor appointments (not even surgeries) have been scheduled, Mom just refused Dad visitation so that the appointments could be attended.

What can Dad do about this???

[garrula lingua]

Dad is a patient man.
The amount paid to the attorney has nothing to do with the ethical requirement of the atty to pursue the case, promptly.

IMO, Dad should fire an email off to atty stating he needs a court date set, immediately, or he will contact the state Bar. 10 months of a child's life is too long to wait on an atty. I'd give the atty ten days to remit court docs to me with a court hearing date.

In all practicality, this is, apparently, a lousy lawyer. Sometimes, a swift kick will get a slow atty going and they will do a good job (ego - attys don't want to lose).

If Dad gets little reaction, he should call the Bar Association for the county where the case is and ask them for a referral to a good Family Law Attorney. Dad should report the atty to the State Bar.

[almostsm]

When requesting a retainer, what is the usual number of hours a lawyer starts with to bill? If that makes sense.

If a lawyer charges $300/hr and figures that 5 hours of his time may be enough to figure out the case prior to litigation, then he would charge a retainer of $1500, and then bill for anything over that.

I've been told that the amount Dad gave is very small compared to the normal $1500-$2500 retainers most lawyers are requesting (this is a contempt motion where the person in contempt will more than likely fight it out senselessly.) Because Dad didn't give enough, perhaps this means the lawyer has more work than he can handle in a reasonable amount of time... even though it's been more than 10 months since Dad originally contacted the lawyer regarding the contempt motion.

Also, Dad's original email wasn't deceiving as to how much Dad was going to give him. The exact email stated, "I would like you to represent me in a contempt hearing, for which the contempt motion has not yet been filed. I can send you $500 immediately for this cause if you’re willing to still work with me... Please let me know if you’re willing to do so."

To which the lawyer immediately replied, "Sure, I'll work with you. Send me the $500 and a description of why you want her held in contempt and I can get it drafted."

So I guess I'm wondering how many hours does a lawyer usually consider when deciding on the amount of a retainer?