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Inadequate Representation: Family Law

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rjbudz

Junior Member
What is the name of your state (only U.S. law)? California

The last time I asked a question on this forum I received so many flames and no real help that I deleted my post. Please hold your tongue if you have nothing pertinent to say.

I hired an attorney to represent me in my divorce. She dropped the case when I could not continue to pay ongoing retainer fees ($495 per hour!). Since then I have found numerous instances which she did or failed to do things that affected my case adversely. For example: She failed to appear at a hearing in which I was mandated by the court to temporarily pay spousal support. She was unable to serve a DVTRO to my spouse, even though my spouse was in the courtroom with her for 20 minutes.

I've found very little on the web regarding what to do about inadequate representation. As I have a hearing on Monday (4/25/11) to request yet another extension to the TRO, I would like to use former attorney’s inability to represent me properly. I have plenty of information that I presented to the attorney which she neglected to bring up at previous extension hearings.

With a previously issued TRO (prior to being represented by the attorney) I was able to have my spouse served within two weeks after court issuance.

Does anyone know how I might proceed with this?What is the name of your state (only U.S. law)?
 


sandyclaus

Senior Member
... She dropped the case when I could not continue to pay ongoing retainer fees ($495 per hour!)...
Everything you have specified as problematic probably came at a time when the attorney requested additional funds, probably because you had exhausted the retainer amount previously held.

I suspect that this is going to be the crux of your problem. Attorneys usually fail to do the work when you can't or won't pay.
 

Isis1

Senior Member
Everything you have specified as problematic probably came at a time when the attorney requested additional funds, probably because you had exhausted the retainer amount previously held.

I suspect that this is going to be the crux of your problem. Attorneys usually fail to do the work when you can't or won't pay.
I absolutely agree. Any complaint you might come up with and take the state bar, her simple response is, "he didn't pay the fees". It's usually a valid response.
 

rjbudz

Junior Member
Thank you for responses. If I'm getting this correctly, you're saying that an attorney can continue to represent you, yet not do what they are supposed to do if you are not current on your retainer.

Doesn't this give any attorney a way out if they totally screw up the case? Then, they can never be held responsible for anything they do incorrectly, regardless of how detrimental it is if the client was not in the black as far as retainer goes, throughout the entire case? ?

Wow.
 

sandyclaus

Senior Member
Thank you for responses. If I'm getting this correctly, you're saying that an attorney can continue to represent you, yet not do what they are supposed to do if you are not current on your retainer.

Doesn't this give any attorney a way out if they totally screw up the case? Then, they can never be held responsible for anything they do incorrectly, regardless of how detrimental it is if the client was not in the black as far as retainer goes, throughout the entire case? ?

Wow.
An attorney is not required to perform services for his client if the client isn't paying for them or has shown an inability to continue paying for them. While they may be your attorney of record, they don't work for free.

The retainer you pay is like your line of credit with the attorney. You can only obtain services as long as you have an available credit balance to use. Some may choose to allow you to overdraft from time to time if you make regular payments to bring it back down, but if you keep overdrafting the account, they are going to cut you off at some point and stop allowing you to run up charges that aren't getting paid for.

As I see it, the attorney did not screw up. You (unreasonably) expected them to provide services which you could not pay for, and they cut you off. You failed to maintain a positive retainer balance, and they were under no obligation to extend any further freebies when you didn't or couldn't pay for them.

Obviously, you can see now how valuable their services are when you can't get them to perform them for you for free.
 

Hot Topic

Senior Member
And it's not a good idea to go on a forum that offers FREE advice and begin your post by criticizing the volunteers.
 

Zigner

Senior Member, Non-Attorney
I find it interesting that the only other thread from the OP has no bashing what-so-ever. :rolleyes:

https://forum.freeadvice.com/domestic-violence-abuse-38/drop-tro-vs-stipulation-548069.html
 

sandyclaus

Senior Member
<SIGH> Now I'm wondering how that hearing turned out for him.

Of course, if the judge did not extend that DVTRO because of his lame excuses, it's going to be all OUR fault... :rolleyes:
 
An attorney is not required to perform services for his client if the client isn't paying for them or has shown an inability to continue paying for them. While they may be your attorney of record, they don't work for free.
This is not correct I believe ... as long as an attny is your attny they have to zealously represent you (even if you owe them money). If they don't want to provide further services then they should withdraw.

Now, I would not cry the "my attny was a POS to a judge" as judges don't like to hear this. You can say specific facts , like "I don't know why my attny did not show up on this date for this court appearance" .. some judges might have pity.

oops hearing was yesterday .. wonder how it went .. I'll leave the post anywho
 

sandyclaus

Senior Member
...You can say specific facts , like "I don't know why my attny did not show up on this date for this court appearance" .. some judges might have pity...
But in this case, the OP DID have specific facts. His attorney didn't do this or didn't do that or didn't show up for this court appearance because they weren't paid to do so. That much we know to be true. To claim he didn't know why would be a blatant fabrication.

And thankfully, judges rarely show pity for a plaintiff who makes lame excuses...:rolleyes:
 

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