lawyer's trying to back out

[jj'smom]

1. Is it legal or ethical for a lawyer to charge his client to postpone the hearing due to the fact that the lawyer was unable to attend the court hearing on that date when this fact was known to the lawyer before trial date was set? (We ended up continuing the case. This was August and we continued to September, then to November, now to Dec 19th)

*********Now this is happening !!!****************

2. Is it legal or ethical for an attorney to discharge his client or seek to be replaced if the client is financially unable to immediately (within 24 hours of notice from attorney) forward funds to retain an expert witness when such funds are now double the estimate of the attorney (1500.00 is now up to 3500.00) ?

3. May an attorney withdraw from representing a client without the client consenting, based on question #2, with trial date 2 weeks away? I still have the child visitation schedule to finalize, child support and my ex wants alimony as well!!!)

Any and all opinions are welcome. Thank you.

 

[jj'smom]

background behind lawyer backing out

I'm on my second lawyer. I'm out thousands of dollars. My x and I have been able to divide household personal property, establish a temp custody sched (one year ago) that isn't working right now for the children and I and I have achieved "single status" so that I could marry again. I was ready to go forward in Aug. My lawyer couldn't and charged me for the continuance and correspondence with Opp Counsel. My lawyer continued my case to sept (OC wasn't ready and x's paperwork was detrimental to case per my lawyer). We continued in October for same. In November, I met my lawyer in the lobby of the courthouse and he yelled at me because he just found out the day before from his discovery lawyer that I didn't want to hire an expert accountant to evaluate my x's business and that this was needed to establish child support and fight the fact that my x wants alimony. I told him that I was told that the expert witness was optional. He told me that if he would have found out earlier he would have fired me. He didn't need my money. He had enough clients "to keep me going". I agreed to continue, crying that I was treated like crap. Trial is set again for 12/19. Back in October when the expert witness was brought up, the estimate the disc lawyer gave me was 1500.00. 3 days ago, they faxed to me that I needed to give the expert a 3500.00 retainer fee and sign the expert's contract and had 24 hours to comply. We told them to get a cheaper expert, we could give them 1500.00 now and get back to us. That was tues. Yesterday they faxed me a substitution of attorney form stating that I have created a conflict and that they cannot work with me. I wrote to them and stated that a conflict was not present. I simply requested a cheaper expert or give me time get the rest or front the money and tack it on to my outstanding balance. As it stands, I have not heard from them. I refused to sign the substitution of atty form. I am wondering if they will show up on the 19th.........What do you all think? Merry Xmas, huh? I have not received any holiday time with my kids this last year. I haven ot received any child support this past year. All they have done for me is get my status changed to single so that I could re-marry. I'm in Orange Cty, California.

 

[I AM ALWAYS LIABLE]

RE: AMUMAUGH

My response:

I have no doubt our writer, Amumaugh, was serious. And, we are NOT "making fun of" our writer. We like our writers to these boards. We just feel that it's an impossible request - - "making fun of" and "having fun with" our writers are two very important differentiations.

Just how would YOU suggest we "take a look" at her divorce papers, as she's requested?

I think, even our writer, realizes that we can do nothing to assist her with her request.

So, calm down, take it easy, and please don't "project" your emotions onto someone else's thread who just wants to have papers reviewed. Nothing "earth-shattering" is going on.

IAAL