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can the attorney drop me?

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ellaine

Guest
What is the name of your state? Texas
I recently was served with papers that my attorney wants to drop me because I declined to go to a counselor for an evaluation in regards to a custody suit for my son. My ex said that he can't afford to go and my attorney wants me to pay for the entire cost and I can't afford that. I have a phone conferrence with the judge on Wednesday. Can he do this or do I have to say yes I don't want him as my attorney?
 


I AM ALWAYS LIABLE

Senior Member
ellaine said:
What is the name of your state? Texas
I recently was served with papers that my attorney wants to drop me because I declined to go to a counselor for an evaluation in regards to a custody suit for my son. My ex said that he can't afford to go and my attorney wants me to pay for the entire cost and I can't afford that. I have a phone conferrence with the judge on Wednesday. Can he do this or do I have to say yes I don't want him as my attorney?
My response:

Like any employment contract, an attorney can drop you like a hot potato - - and you could do the same thing. Indentured servitude went out in 1865 with Lincoln's "Emancipation Proclamation." Sure, you could "try" to oppose the attorney's motion to be relieved as your attorney of record - - but, I can tell you that in 99.9 percent of time, the attorney's motion is granted.

All because you can't afford a certain procedure, doesn't mean that the attorney has to "put up" with your inabilities to comply with a judge's previous order, or if it's mandated by law or court rule. Your finances is not the attorney's problem or concern. Remember, it's YOUR divorce, not your attorney's.

IAAL
 
Just from personal experience...I don't think the judge would agree that your attorney has a good reason to drop you. Usually they will agree if you aren't paying the legal bill or you just don't get along at all. Dropping you just because you can't afford to pay for your ex to go to counseling sounds pretty rediculous to me, but then, I'm not a judge.

It's interesting that you have a phone conference with the judge this week. I've never heard of that before. Maybe he can help the attorney and you come to an agreement on how to proceed with your case, without you having to fork out even more money.
 
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ellaine

Guest
The judge never ordered an evaluation, my attorney is the one that wants it. I would do it if the judge ordered of course but I think that everyone should pay for their own expense, I would be responsible for 1300.00 and my ex's part is only 500.00. He's not paying CS and has declaired bankruptcy so he should have the money. I think the reason I have a phone conference is because it's in another state so she will allow me to speak to her that way. I figured why go to the evaluation if my ex isn't, it wouldn't be complete anyways.
 

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