Lawyer took money and didn't do his job, what should i do?

[Aineis]

In New York, I don't know what should i do about this lawyer.

I have a case need to me filing for modification. It's time sensitive issue.
I paid to this lawyer and he told me he filed my case about month and half ago. and I didn't get anything from court such as court date for hearing..
So I called hime for several time and emailed him for confirm my case.
He kept saying he filed my case wait for one more week, If I will not getting anyting he will goto court by himself and confirming it.. he did samething twice and didn't happen. Last week i sent an email to him, he replied same thing. Finally I called court house, they confirmed none of my case is currently filed. I sent hime for request return my money and he is not replying.

what should i do?

[Dandy Don]

Get a new attorney so he can help you fire the old one, and file a complaint with the state bar association (find their website for contact information).

[menchari]

Also always check the court docket online daily to confirm if anything is going on. You can check if the lawyer has filed things when they claim to have.
Also while finding another attorney and time is running out to do a motion, you can also file a motion for an extension of time.

On a side note checking the docket on a regular basis can help to spot if an opponent took too long to file a motion or response. The reverse is also true so keep an eye on the clock.