tolerant2point
Junior Member
What is the name of your state (only U.S. law)? TX
Divorce case finalized. Plus, Order of Prot. finalized and recently enforced.
2 issues
1. Attorney's delays, errors, and ommissions have affected my case- in some cases diminishing arguments, and in others causing increased biling in order to correct.
In a recent OP enforcement by contempt, the judge remarked that the delay in filing hurt my argument of urgent need and also diminished the fees award.
Several times during the several months long delay as I attempted to prod my attorney to get the filing submitted and warned my case would be diminished if not executed swiftly, I was billed for these prodding emails. I only rehired her because she said the filing and hearing would be swift- less than 30 days. In fact it took 90 days to file. Many times emails would not be responded to and would be resent a week later. I was billed for each.
2. After a compliance hearing on 8/20 relating to the ruling of the contempt hearing, the respondent did not appear to show compliance. Neither did my attorney. My attorney's office called as I waited for over an hour at the hearing and asked if I wanted to just wait for the next compliance hearing since attorney was busy trying to get out of town on vacation and had 2 other hearings that day. I said Heck no (in more colorful words).
Attorney shows 2.5 hours late. Judge points out respondent is in contempt. Also points out the fees award was not written correctly in the enforcement order so the lack of payment was unenforceable without a modification. (another error by my atty)
Bottom line- the judge ordered respondent to jail for 180 days and to pay a fee for not registering for batt er er's course. Not a bench warrant mind you. A ruling of jail for contempt- 180 days plus $500 fine.
Attorney told me it would be submitted by Friday. It was not.
I received message today that attorney's laptop stolen so do not expect order to be submitted until mid September when attorney returns to work.
I want the order submitted and executed immediately so this opportunity to protect the child is not missed and so respondent does not comply and escape jail time, frankly. My attorney said this is not a bench warrant. It is a jail order and can not be erased without appeal. I just don't think the delay is in the child's best interest or in my case's best interest, and, I do not trust my attorney's assessment that the judge would not set aside the ruling if the respondent complied before arrested.
I notified the attorney that I wanted the order written from the hotel lobby, kinko's, with the help of another attorney, etc., but that failure to get the order submitted would push me to a bar complaint as I have patiently seen my case diminished several times and I could not tolerate it again.
Attorney said I can wait until mid Septemeber or she could withdraw from the case today.
Any advice? The most important thing to me is to get this ruling enforced and get respondent in jail, asap, before the window is lost. I believe this will be the exclamation point to my case and will allow additional actions such as full custody pursuit.
I have avoided contacting the bar association and would not want to delay this filing further.
Divorce case finalized. Plus, Order of Prot. finalized and recently enforced.
2 issues
1. Attorney's delays, errors, and ommissions have affected my case- in some cases diminishing arguments, and in others causing increased biling in order to correct.
In a recent OP enforcement by contempt, the judge remarked that the delay in filing hurt my argument of urgent need and also diminished the fees award.
Several times during the several months long delay as I attempted to prod my attorney to get the filing submitted and warned my case would be diminished if not executed swiftly, I was billed for these prodding emails. I only rehired her because she said the filing and hearing would be swift- less than 30 days. In fact it took 90 days to file. Many times emails would not be responded to and would be resent a week later. I was billed for each.
2. After a compliance hearing on 8/20 relating to the ruling of the contempt hearing, the respondent did not appear to show compliance. Neither did my attorney. My attorney's office called as I waited for over an hour at the hearing and asked if I wanted to just wait for the next compliance hearing since attorney was busy trying to get out of town on vacation and had 2 other hearings that day. I said Heck no (in more colorful words).
Attorney shows 2.5 hours late. Judge points out respondent is in contempt. Also points out the fees award was not written correctly in the enforcement order so the lack of payment was unenforceable without a modification. (another error by my atty)
Bottom line- the judge ordered respondent to jail for 180 days and to pay a fee for not registering for batt er er's course. Not a bench warrant mind you. A ruling of jail for contempt- 180 days plus $500 fine.
Attorney told me it would be submitted by Friday. It was not.
I received message today that attorney's laptop stolen so do not expect order to be submitted until mid September when attorney returns to work.
I want the order submitted and executed immediately so this opportunity to protect the child is not missed and so respondent does not comply and escape jail time, frankly. My attorney said this is not a bench warrant. It is a jail order and can not be erased without appeal. I just don't think the delay is in the child's best interest or in my case's best interest, and, I do not trust my attorney's assessment that the judge would not set aside the ruling if the respondent complied before arrested.
I notified the attorney that I wanted the order written from the hotel lobby, kinko's, with the help of another attorney, etc., but that failure to get the order submitted would push me to a bar complaint as I have patiently seen my case diminished several times and I could not tolerate it again.
Attorney said I can wait until mid Septemeber or she could withdraw from the case today.
Any advice? The most important thing to me is to get this ruling enforced and get respondent in jail, asap, before the window is lost. I believe this will be the exclamation point to my case and will allow additional actions such as full custody pursuit.
I have avoided contacting the bar association and would not want to delay this filing further.
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