Legal Question in Family Law in California
Getting a new attorney and change of venue
1. How do I get back my retainer if I wish to get a new attorney. I have lost faith in the one I chose. It took him 3 months to file my case and since I have been waiting 2 months for him to server the other party. I paid $2500 and in the past 5-6 all he has done is file the case and had to continue 4 times because he has not served the other party. Also I would like a change of venue, is this possible and how do I go about it. The current Family Court Judge and I sit opposite each other on several community boards and he does not seem to be able to seperate those feelings when we are in court.
Desprately going crazy and feel as if I have let my children down.
2 Answers from Attorneys
Reply: Getting a new attorney and change of venue
Ask for your moeny back. Ask for an accounting fopr services rendered. If you dispute the charges for services rendered, contact The State Bar of California and ask for information regarding their fee dispute program. As for changing judges, it may be too late, depending upon your particular circumstances. You can ask the Judge to recuse himself or herself.
Good luck to you!
Brian Levy, Esq.
Law Offices of Brian Don Levy
Re: Getting a new attorney and change of venue
You may fire your attorney any time and demand any portion of unused retainer. A subsitution of attorney will be required to be filed with the court but your new attorney will handle that. The state bar is very attentive to complaints especially regarding client retainers. You can "paper" the judge and remove your case to another court room. He should recuse himself given his knowledge fo your situation. I hope you find a lawyer better suited to your needs-Martin
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