Legal Question in Family Law in California
Is my Divorce lawyer not doing her job?
I have had a Divorce lawyer for 2 yrs now. Should a divorce take this long. I pay her every month.I also put down $1000.00. every time I call her she charges me $75 and nothing has been done. Is she doing me wrong. My ex and I have had agreed on visatation. that is what she told us to do to get this thing going. can you please help what can I do ,she is getting paid and is doing nothing.She just gives me the run around.
4 Answers from Attorneys
Re: Is my Divorce lawyer not doing her job?
You should (1) fire her and get another atty and (2) file for a fee arbitration with your local county bar association to try to get back some of what you have paid.
I have had cases that took 2 years but they were highly complex, "big", cases. The usual case should take 6-12 months.
Re: Is my Divorce lawyer not doing her job?
If you and your husband have agreed on the terms, then there shouldn't be more waiting. See another family law attorney and wrap it up.
Re: Is my Divorce lawyer not doing her job?
Dear Inquirer:
Nothing herein shall create an attorney-client
relationship, unless a written retainer agreement
is executed by the attorney and client. This
communication contains general information only.
Nothing herein shall constitute an attorney-client
communication nor legal advice. There likely are
deadlines and time-limits associated with your
case; you should contact an attorney of your
choice for legal advice specific to your personal
situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general
information about California Family Law, Tenants'
Rights, and Juvenile Dependencies, and EDD
hearings and appeals, as well as information
about me (education, experience, et cetera)
and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
Two years may be getting to be "too long." It depends, however, on how contentious and/or complex your situation is. I've got a case that has been going for over four years now and my client knows, understands, and accepts the situation for what it is. Every divorce is different in this regard.
On the other hand, life is too short; and divorce is too difficult, to stay with the "wrong" attorney. If you are not satisfied with the way that your present attorney is treating you or with her performance, interview some other divorce lawyers and make a change. Most offer a free initial consultation.
Keep in mind, though, that almost all family law attorneys charge for their TIME. $75 for a half-hour phone call is pretty cheap. $75 for a six-minute phone call is outrageously expensive (unless it is a flat minimum charge intended to discourage overly frequent and/or unnecessary calls from clients.) Make sure you know your new lawyer's hourly rate and billing policies -- what you will and will not be charged for. Insist upon monthly statements, check them promptly and carefully, and let your lawyer know right away if you dispute or don't understand any of the charges.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.
Re: Is my Divorce lawyer not doing her job?
I cannot imagine why it would take so long and cost so much. you should have another lawyer review your case.