Legal Question in Family Law in California

knowing my rights as a client

I have quite a few questions. The main one being as stated above....what are my rights? I have been going through a divorce for almost a year now and am very unhappy with the legal representation I am receiving. It is very difficult to get any information out of my lawyer. Just recently, I have left him at least 20 messages (including voice, email and fax) and have yet to hear from him. I last spoke to him in June and at that time he was supposed to set a court date to determine the child support amount my soon to be ex is supposed to pay. I am assuming the date has not been set because my lawyer will not call me back. My ex is supposed to pay $360/mo (since Feb) and I have only been receiving $200. He also pays me when he wants to which is usually towards the end of the month. I know that in MI there is the ''Friend of the Court'', but here in CA I do not know where to turn. If anyone out there can give me any info at all, it would be greatly appreciated. As I said, I have other questions as well, but am getting no answers from the man who has taken all my money. Thanks, Dawn


Asked on 8/25/04, 6:30 pm

1 Answer from Attorneys
JANENE WEBER JANENE R. WEBER ATTORNEY AT LAW

Re: knowing my rights as a client

Divorces can be the most emotionally charged legal cases and a good attorney will at a minimum: Keep you informed with regular updates and status letters; personally return, or have staff, return your call within 24 hours, provide you with a copy of all relevant pleadings and letters.

I am not in a position to judge the quality of legal work that you are receiving; however, I think that 20 unanswered contacts is an indication that you may want to seek new counsel so that you can finalize all issues and get on with your life.

Make an appointment with your attorney (If you Can) and go in with a list of all questions you want an answer to. For example: On the issue of Support - Is there a wage assignment in effect? The employer is responsible for deducting the support so this would ensure you get your support every month. Ask your attorney for a separate appointment to sit down and review your file. IT IS YOUR PROPERTY and the attorney cannot refuse to allow you to see it or have it. You may also want to request an updated billing statement.

If you don't receive ANY kind of response, consult another attorney, (hopefully) retain them and let your new counsel retrieve the file for you. At that point you might consider speaking to the State Bar as well.

Hope this helps, I don't know what venue you're in in California - but feel free to call my office for a consultation (Located In Central Valley)

Best of Luck Janene Weber

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Answered on 8/25/04, 10:08 pm


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