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dyce71

Junior Member
undefinedWhat is the name of your state? Mississippi.

I contacted my lawyer in May of 2004, about modifying my child custody arrangement. The lawyer insisted I pay his retaining fee before he would take any action at all. I provided my attorney with all the information that he needed. My ex-spouse lives in another state and is military, I provided him with his address, phone numbers, company information (all of which I got off the internet). I payed the $2500 in full the first of July, at which time he filed (I also payed that fee separate). I went to his office one morning and of course he wasn't there and his secretary had him on the phone. He gave a court date of Sept. 7th, six weeks later. On Sept 7th, I arrive at his office at 9am to find out where I am supposed to go, since we are supposed to be in court at 9:30am. Only to have his secretary tell me that I am not on the books for court that day or any day. A week later he gave me another date in Oct. and promised to set the date aside for me to represent me. Of course I show up at his office again, only to be asked why I was there by his secretary. I had explained to her that I was never called and told which court house to go to. Turns out he cancelled it, and took the day off. Thats two days I have missed from work. She called him and he had to admit that he hadn't even served him yet. Since I paid him off, his office land line had been disconnected as well as his fax line and internet line. He uses only cell phones that don't even have voice mail. So, I went home got online and once again provided him the information to my ex's commander and the MP's (he wanted to serve him at work rather than at home). After two weeks of waiting he tells me that he can't get in touch with the commander. So, once again got online and found a local process server in the state in which the ex lives. Went to the attorneys office had the secretary give me the paper work and I spent $50 for the processing fee, not to mention the overnight mailing fees. To have a Nov court date, to once again have it cancelled, cause this time it wasn't convient for the ex and his attorney. Since then my lawyer has told me that we are trying to get a Dec. court date, but we have to sit and wait for the Judge to call us and give us that date. My ex would like a Jan court date. The attorney has gone through 2 secretaries and currently has none. He will not answer his cell phone or return my calls. I know I won't get my money back, since he seems to have a gambing problem, and I can't afford to give another attorney $2500, what do I do about the money? Should I keep him? Fire him? Can I contact the judge and find out about the court date myself? Do I contact the bar assosciation? Can I sue for emotional distress? Will another attorney take the case, even though I can't get in touch with him to fire him or afford to pay the new attorney. Are all attorneys like this? Is this a standard practice?
 
Last edited:


HomeGuru

Senior Member
dyce71 said:
undefinedWhat is the name of your state? Mississippi.

I contacted my lawyer in May of 2004, about modifying my child custody arrangement. The lawyer insisted I pay his retaining fee before he would take any action at all. I provided my attorney with all the information that he needed. My ex-spouse lives in another state and is military, I provided him with his address, phone numbers, company information (all of which I got off the internet). I payed the $2500 in full the first of July, at which time he filed (I also payed that fee separate). I went to his office one morning and of course he wasn't there and his secretary had him on the phone. He gave a court date of Sept. 7th, six weeks later. On Sept 7th, I arrive at his office at 9am to find out where I am supposed to go, since we are supposed to be in court at 9:30am. Only to have his secretary tell me that I am not on the books for court that day or any day. A week later he gave me another date in Oct. and promised to set the date aside for me to represent me. Of course I show up at his office again, only to be asked why I was there by his secretary. I had explained to her that I was never called and told which court house to go to. Turns out he cancelled it, and took the day off. Thats two days I have missed from work. She called him and he had to admit that he hadn't even served him yet. Since I paid him off, his office land line had been disconnected as well as his fax line and internet line. He uses only cell phones that don't even have voice mail. So, I went home got online and once again provided him the information to my ex's commander and the MP's (he wanted to serve him at work rather than at home). After two weeks of waiting he tells me that he can't get in touch with the commander. So, once again got online and found a local process server in the state in which the ex lives. Went to the attorneys office had the secretary give me the paper work and I spent $50 for the processing fee, not to mention the overnight mailing fees. To have a Nov court date, to once again have it cancelled, cause this time it wasn't convient for the ex and his attorney. Since then my lawyer has told me that we are trying to get a Dec. court date, but we have to sit and wait for the Judge to call us and give us that date. My ex would like a Jan court date. The attorney has gone through 2 secretaries and currently has none. He will not answer his cell phone or return my calls. I know I won't get my money back, since he seems to have a gambing problem, and I can't afford to give another attorney $2500, what do I do about the money? Should I keep him? Fire him? Can I contact the judge and find out about the court date myself? Do I contact the bar assosciation? Can I sue for emotional distress? Will another attorney take the case, even though I can't get in touch with him to fire him or afford to pay the new attorney. Are all attorneys like this? Is this a standard practice?
**A: you can get in touch with him by delivering a letter to fire his butt via certified rrr mail or hand delivery with proof of receipt from UPS, Fed Ex etc.
 

Lorane

Member
You can also turn him into the Bar Association and request return of all the monies paid. Also contact the Better Business Bureau and the Attorney General's office.
 

dyce71

Junior Member
Now what?

Well, I have fired my attorney by certified mail. But, I have not received my money back, so that I may obtain another attorney. I work in an Casino, and I saw my ex-attorney at my place of employment gambling last Sunday. He knew I worked there and that If I did see him, that I couldn't say anything to him for fear of losing my job. Any and all suggestions would be greatly appreciated. Thank you once again.
 
S

seniorjudge

Guest
Lorane said:
You can also turn him into the Bar Association and request return of all the monies paid. Also contact the Better Business Bureau and the Attorney General's office.
This is really excellent advice. Don't expect anything to happen for a very long time but keep after it.
 

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