Returning of file ( kind of long)

[PlzHlpMe]

What is the name of your state? New York

I could realy use some help with this matter, I will try to be as specific as possible, yet keep things short.

I am involved in what is turning out to be a lengthy divorce proceeding, I thought that my lawyer was to blame so I fired him and hired a different lawyer, this other lawyer was simply milking the clock on me so after two months I fired him and found what i thought would be my final lawyer, I paid her $3500 retainer and told her that i needed her because she was supposed to be a good trial lawyer. Which was exactly what I needed.

So, long story short, within about 6 months she uses up the entire retainer without going to court one time. During this time, I lost my job and went several months without.

We finally have a trial date set up, we go to trial, and she completely blows my case, there was one witness presented and she literally asked about 5 basic questions and then rested, I attempted to get her to ask at least 10 more questions that came to mind. We took a short break to try to settle things out of the court room. She went to meet with the exes lawyer and I went to talk to the ex. I came to an agreement with the ex. And the lawyers both said NO. They finally came up with an agreement to which i was force to decline because it would have left me with literally not enough money to live.

Then, My lawyer comes up to me and says, I feel that because you wont accept this deal that I cannot represent you. I was blown away. She quit on me right when we were starting to make some progress. Then we go in front of the judge and she is just straight up lying to the judge saying that I owe her substantial amounts of money and I am filing backruptcy and she cant work this case anymore because i am too difficult (not the case at all)

So the part that I really need help with is this:

I have since re-hired the lawyer that I had originally as i never should have let him go. Problem is the ex lawyer is refusing to relinquish my file to him. She claims that I owe her some $2500 extra. I told her that I dispute the amount she claims that i owe, and she stated that she would send me the paperwork to arbitrate the claim. My lawyer sent her the necessary paperwork demanding the release of my file and she refused to release it.

I hired a local attorney to investigate a legal malpractice claim that i have. This claim is based on several things including but not limited to the fact that she neglected to file a motion when I lost my job and was unable to pay the temporary support obligation that I am required to pay. She also did several other things to destroy my case as well as her current actions are impeding the coarse of my future trials.

Is it not true that a lawyer is required to relinquish a clients file after 30 days?

What can i do to get my file back from this shrew?

Please help me. Any advice you people can give me would be greatly appreciated,


Thank you

[Hot Topic]

I think a case can be made for you being a difficult client.

I would contact the State Bar, or whatever the agency is called in your state that regulates attorney conduct, and file a complaint against her. They'll then assign an investigator to look into the case. His or her decision will be made on what's legally allowed behavior and what isn't.

The attorney has the right to turn around and go after you in court for money that she claims you owe her.