Lawyer Malpractice

[raven71r]

What is the name of your state? Texas



I have never been on a forum before, but I don't know what else to do. I am in the middle of a child custody battle and I have tried to reach my lawyer for 3 months. I now qualify for state legal aid, and I have tried to contact him because I need him to drop me as a client before the state will help me. He will not return my calls, he has never sent me any court papers since last year, and he did not notify me or show up himself for the last court date causing me to temporarily loose my daughter. When he took my case he knew I had no money to pay him. About 3 months ago I contacted him and ask him for a bill so I could start paying him what I owe him, and for the letter I need to get state help. There is a court date coming up and I cant get him to return my calls. What can I do?

[las365]

Look at your attorney-client agreement with the lawyer. It should say how you can terminate the agreement. You will still owe for the work performed. What do you mean when you say he knew you couldn't pay him? Was he going to work for free? Did you ever pay anything? How many times have you called him in the last 3 months?

Something seems to be missing from the info you have provided. How do you know about the upcoming court date? Were you notified by your lawyer? What is the court date for?

Send him a letter, certified mail, return receipt requested, terminating your attorney-client relationship, asking him to draft a motion for withdrawal and substitution of counsel for your new state legal aid attorney to sign, and send you a bill for the work he has done. Give a copy of that letter to the legal aid people. Ask if they can call him to follow up. This can't be something that is new for them.

[raven71r]

My ex husband had not attempted to see our daughter in about a year, and had never paid a dime in child support. So, my husband and I had a great offer on a house out of state. So, we took my daughter and moved. When he found out that we had moved his parents got him a lawyer and filed a writ, we had to come back. I never would have gone, but for instance the Father's day prior to me leaving, I called him and asked if he wanted to spend the day with her, and he said he had other, more important things to do. But, all of a sudden he cared and we had to be back and in court in 5 days. So, I asked someone I knew if they knew a lawyer who could at least just show up with me that day until I could have a little more time to get one. He said no prob. and he would work out a payment plan with us. He showed up in court with me twice and after that I asked him to get a bill to me and I would start taking care of it. He said unless I needed him to do anything else for me to make an appointment and bring money. Otherwise, that was it. I found out that I qualify for state legal aid, but I need him to withdraw. When I never received anything from him I got in touch with the county clerk to see if any court dates were secduled, she said yes. When I got a hold of his office, I was told it would be done the next week. I have not heard from him or his office since. I have left numerous messages thanking him for all his help and how much I would appreciate him filing the withdrawl papers. No response.