Scarlett Posted September 21, 2016 Share Posted September 21, 2016 (edited) I didn't want to threadjack Teresa's thread...but I am so irritated at our attorney. And really there is nothing reasonable that we can do without costing us a ton more money and/or delaying further. Dh had a son age out when he graduated hs in May. The week after he graduated dh called the attorney who told dh that it was a simple matter of filing the paper work and for dh to not pay any more cs on that child. Then late May we learned dss15 was coming to live with us. Dh called the attorney back and told him we needed the legal part of that custody transfer filed. Here we are Sept 21 and nothing has been done. Dh has made at least 20 phone calls to the attorney since that first call in May. In the meantime the attorney told dh to quit paying cs completely and so we did....but nothing is filed yet. For all we know the judge will order back cs for June, July, September since dh was still under that order...and if that happens we will be raising Holy Heck because our attorney is really the cause. I wish he had told us in mid May that he didn't have time for this. We could have hired an attorney who does have time and just got it over with. Edited to add---got distracted and hit submit too soon. I am frustrated beyond belief. I would never recommend him even though he is apparently well connected and does a lot of high profile stuff. But that can't make up for this lack of common courtesy and refusal to take care of a simple matter. Edited September 21, 2016 by Scarlett Quote Link to comment Share on other sites More sharing options...
Seasider Posted September 21, 2016 Share Posted September 21, 2016 I would go to the attorney's office and refuse to leave without getting his attention to this matter. May I ask why you haven't found a new attorney yet? You can't afford for legal counsel to be so unresponsive. 1 Quote Link to comment Share on other sites More sharing options...
Scarlett Posted September 21, 2016 Author Share Posted September 21, 2016 I would go to the attorney's office and refuse to leave without getting his attention to this matter. May I ask why you haven't found a new attorney yet? You can't afford for legal counsel to be so unresponsive. Because every time dh talks to him the attorney says, 'oh I am so sorry, I will get that done this week.' And getting a new attorney would most likely require a retainer which we do not have. Since we paid him $5K last year for some custody stuff he said he would bill us hourly for this. And you can bet I will be looking carefully at that bill because other than answer the phone half dozen times and send one email he has done NOTHING. Quote Link to comment Share on other sites More sharing options...
Ravin Posted September 21, 2016 Share Posted September 21, 2016 I would find a new attorney, and consider filing a bar complaint. Poor communication is the #1 bar complaint in my state...but not filing what they said they would file, and you might lose money because you relied on his advice? That's so much worse. Filing a bar complaint does not cost money. 11 Quote Link to comment Share on other sites More sharing options...
gingersmom Posted September 21, 2016 Share Posted September 21, 2016 Can you go to court and file yourself? Quote Link to comment Share on other sites More sharing options...
Scarlett Posted September 21, 2016 Author Share Posted September 21, 2016 I would find a new attorney, and consider filing a bar complaint. Poor communication is the #1 bar complaint in my state...but not filing what they said they would file, and you might lose money because you relied on his advice? That's so much worse. Filing a bar complaint does not cost money. Dh and I both feel at this point we have to just push him to finish it. I know dh probably won't file a complaint...but I agree AFTER it is over we should. Probably if I was in charge of this situation I would go camp in his office and look him in the eye and say, 'It appears you do not have time for this case. If it is not filed by Friday I will be finding a new attorney.' But....not sure if that would be wise....we need him because he is very familiar with the small town system that has jurisdiction over this case. Dh has started calling him daily. 1 Quote Link to comment Share on other sites More sharing options...
Scarlett Posted September 21, 2016 Author Share Posted September 21, 2016 Can you go to court and file yourself? One would think. But apparently it isn't that easy. If you are paying cs through the system they make it easy for you to age out a kid or to change cs when there is a change of circumstance.....but if you are paying cs directly I can't find any way to easily file yourself. And dh tried to go to court on his own 4 years ago when his older son refused to come see him anymore....he didn't file something right and the judge would not even hear the case. Quote Link to comment Share on other sites More sharing options...
OneStepAtATime Posted September 21, 2016 Share Posted September 21, 2016 1. DH sends a certified letter formally requesting that he do what he had said he would do. Not another phone call, or at least not only another phone call. Send a formal letter. If your DH is not comfortable writing one, perhaps you can type one out and let him read and sign it before sending it. Put it in writing. Phone calls mean nothing and can easily be forgotten. 2. If DH hasn't done so already, also try to document how many calls were made to the attorney and what specifically he said and when. 3. After the letter is sent, if nothing is done in a timely fashion, accept that it simply isn't going to happen. Start looking for another attorney (see if they will wait on the retainer or waive it) and file a complaint, as Ravin said. 8 Quote Link to comment Share on other sites More sharing options...
Alessandra Posted September 21, 2016 Share Posted September 21, 2016 I don't have a hug thing on my iPad, but I have this for your atty 😡😡😡😡😡 1 Quote Link to comment Share on other sites More sharing options...
TranquilMind Posted September 21, 2016 Share Posted September 21, 2016 (edited) Show up at his office tomorrow morning and refuse to leave until the documentation is filed. If he refuses, send a letter documenting his failure to perform on this issue, with dates and requests made. Indicate you will be finding another attorney to handle this and to cease and desist on your work. You need a paper trail if he tries to bill you. Edited September 21, 2016 by TranquilMind 2 Quote Link to comment Share on other sites More sharing options...
Anne in CA Posted September 21, 2016 Share Posted September 21, 2016 I am sorry, Scarlett, that is hard. Quote Link to comment Share on other sites More sharing options...
Guest Posted September 21, 2016 Share Posted September 21, 2016 (edited) I'm really sorry. I had a similar thing happen years and years ago- an issue that should've been resolved in weeks was strung out over almost a year. It was ridiculous. I wish I had words of advice. Switching is way easier said than done, I totally get you there. It just sucks. It does. :grouphug: Hopefully you can drag him to the finish line and then switch when it isn't a pressing matter. Edited September 21, 2016 by texasmom33 Quote Link to comment Share on other sites More sharing options...
Scarlett Posted September 21, 2016 Author Share Posted September 21, 2016 I'm really sorry. I had a similar thing happen years and years ago- an issue that should've been resolved in weeks was strung out over almost a year. It was ridiculous. I wish I had words of advice. Switching is way easier said than done, I totally get you there. It just sucks. It does. :grouphug: Hopefully you can drag him to the finish line and then switch when it isn't a pressing matter. Dss is 15 1/2....I am really hopeful we never need an attorney again. Especially not to do with cs or visitation. Ugh. 2 Quote Link to comment Share on other sites More sharing options...
Scarlett Posted November 7, 2016 Author Share Posted November 7, 2016 Well here we are in November and nothing has been done yet. The only thing he did was send the XW a non registered letter with the proposed modification. She ignored it of course. Now a month later after dh calling over and over and over the attorney says he wants a $2500 retainer. Uh no. He will not get a retainer out of us. No way. If we have to give an attorney a retainer it will not be him. Dh texted XW and asked her if she got it. She said she did. Then basically admitted she doesn't really have an attorney....so dh told her she doesn't really need an attorney and asked her to just sign it so our attorney can get it filed. I am praying she will so we can get this taken care of. It is causing me so much stress. Quote Link to comment Share on other sites More sharing options...
zoobie Posted November 7, 2016 Share Posted November 7, 2016 Call the Bar. There should be a number for clients on the state website. Ours will walk clients through filing a complaint and try to mediate before that's necessary. Usually a ball from the Bar Investigators will light a fire under an attorney's butt. 1 Quote Link to comment Share on other sites More sharing options...
Scarlett Posted November 7, 2016 Author Share Posted November 7, 2016 Call the Bar. There should be a number for clients on the state website. Ours will walk clients through filing a complaint and try to mediate before that's necessary. Usually a ball from the Bar Investigators will light a fire under an attorney's butt. Yes I have the number. And the website. I know he is clearly violating standards. But we don't want to rock the boat at this point because dh may be able to get his XW to just sign off on it. I hope dh will file a complaint when it is done. I will never use him again. Ever. 1 Quote Link to comment Share on other sites More sharing options...
Scarlett Posted November 8, 2016 Author Share Posted November 8, 2016 Yes I have the number. And the website. I know he is clearly violating standards. But we don't want to rock the boat at this point because dh may be able to get his XW to just sign off on it. I hope dh will file a complaint when it is done. I will never use him again. Ever. She says she will sign it with one small change. 2 Quote Link to comment Share on other sites More sharing options...
zoobie Posted November 8, 2016 Share Posted November 8, 2016 She says she will sign it with one small change. Fingers crossed! 1 Quote Link to comment Share on other sites More sharing options...
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