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  #1  
Old 12-27-2008, 11:16 PM
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Join Date: Dec 2008
Posts: 2

lawyer paid but not representing me


What is the name of your state (only U.S. law)? New york

I have been represented by a lawyer for my divorce. She has not done anything for me except for my child support. She has promised me that she submitted papers to Supreme Court over two months ago. As soon as I started to ask her what she had heard about court she stopped answering my calls and emails. Now she is telling me that she is working for a different law firm and I need a different lawyer. She also told me that my retainer is all spent, $3500 which like I said the only thing that she did was get me to child support court. I am disabled and trying to raise our only son on my social security wages. We had a marital home but she can't seem to do anything for me for spousal support or to get me into the marital residence. Can she legally do any of this?
  #2  
Old 12-28-2008, 09:09 AM
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Join Date: Jun 2004
Posts: 7,575
In other words, is she required by law to continue working for you for free? Is that really your question? I'm pretty sure slavery is still illegal in this country, so no, she does not have to.

In any event, if you want to dispute her fee (which I suspect is what you meant to ask), then go here and follow the instructions what to do:
http://www.courts.state.ny.us/admin/feedispute/index.shtml

You should also read the information here about filing a complaint, should it come to that (I have no way of knowing if your attorney did what she said she did. It's quite possible.):
http://www.courts.state.ny.us/ip/attorneygrievance/complaints_attorney.shtml

Finally, the Court sets the speed of a case, not the lawyer. You can look up your case online to see its status here:
http://iapps.courts.state.ny.us/webcivil/FCASMain

Enter the code and search by using your name in the {party name" box and click the "either" tab below it, then the "search" button at the very bottom.

Good luck.
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  #3  
Old 12-28-2008, 10:10 PM
BL BL is offline
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Also be aware even in Family Court matters , most attorneys will not even take a case of less than $2500.00 down , and possibly totaling 5 grand in the end .
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  #4  
Old 01-03-2009, 11:13 PM
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Join Date: Dec 2008
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I did pay her $3500 plus another $600 recently. I did find out that the court clerk never filed our papers and now its finally in the process of getting signed. Thanks for your help
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