Decree not filed

[gflo68]

Texas, Tom Green County. I had my final court date Feb 6, 2017. My ex-wife's lawyer is supposed to finish the decree and to this day has not done so, nothing has been filed. My lawyer has been ignoring my emails and calls concerning this issue. Can I file some type of motion or something that will let me get a new trail so I can make some changes?

 

[adjusterjack]

Texas, Tom Green County. I had my final court date Feb 6, 2017. My ex-wife's lawyer is supposed to finish the decree and to this day has not done so, nothing has been filed. My lawyer has been ignoring my emails and calls concerning this issue.

That's because he's already done what you paid him to do.

If you want him to do additional work you will have to pay him to do it.

Have you offered to pay him his fee for taking over the duties of filing the decree?

Can I file some type of motion or something that will let me get a new trail so I can make some changes?

That's something to ask your lawyer once you have arranged to hire him for additional work.

 

[latigo]

Texas, Tom Green County. I had my final court date Feb 6, 2017. My ex-wife's lawyer is supposed to finish the decree and to this day has not done so, nothing has been filed. My lawyer has been ignoring my emails and calls concerning this issue. Can I file some type of motion or something that will let me get a new trail so I can make some changes?

Do not know that is meant by "finish the decree"? Do you mean just prepare it?

Because it sounds as if the judge announced his ruling from the bench (final day in court) and directed the lawyer representing your wife (she is not yet your ex-wife, btw) to prepare a written proposal conforming to his rulings and submit it to the court for approval.

And no, you cannot file a motion with the court. Not as long as you have an attorney of record. Besides if the judge has ruled as I mention above there aren't going to be any changes from that ruling unless there is a timely and cogently supported motion for reconsideration. Which you cannot file under the present state of the record.

As to the 70 day delay it is difficult to know just where the thing is hung up. Could be one of three places. Siting on the other attorney's desk, your attorney's desk or the judge' desk.

HOWEVER, it is you attorney's responsibility to know where it is hung up and to see that court's rulings are formalized into a final decree without undue delay. Regardless of which attorney was asked to prepare it. That is why you hired him. And it should not take more than ten minutes of his time to dictate to his secretary that decree! Certainly less time than it would take him to review and perhaps make objections to one prepared by opposing counsel.

Understand that lawyers are inherently lazy, but you sit on yours until what he was hired to do is accomplished. And don't buy the excuse that the other guy is supposed to do it. The judge doesn't care which. And if not to your satisfaction then take the matter up with the state bar association.