Legal Question in Family Law in California

I am the Petitioner in a divorce that has gone through trial. The judge provided a Proposed Statement of Settlement and both attorneys were instructed to provide objections within 15 days. I discussed this with my attorney and the response was, "I will not provide an Objection response unless you make payment in full and provide me with another $7500 in retainer." We could not reach agreement and the attorney refused to do any additional work, even though there were errors in the judge's findings. I prepared a response on my own and asked my lawyer to sign a "sub-out" so I could file a response In propia persona. The attorney refused, saying they were unavailable to meet with me even though I volunteered to take the form to the attorney for signature. The attorney was also fully aware that we were on the last day to provide a submission. What recourse do I have here? I am considering sending a letter to the judge advising her of what went on with my attorney and asking that she take the document I prepared into consideration even though the deadline has passed. What recourse do I have against the attorney? Unfortunately, about 2 hours after insisting and documenting via email that she could not meet with me, she sent a signed form to my email address and made no call to advise of her change of heart. I had departed to meetings for the day and did not receive her email until 10pm tonight, 7 hours after the filing deadline had passed.


Asked on 12/09/10, 10:40 pm

1 Answer from Attorneys

You have waited too long at every step of the process, including posting a free question that does not get answered for five days after you post it, because we answering attorneys don't receive it until then from the site when the question is free. If the court has not yet entered a final order or judgment, you should send the substution for filing immedately along with a letter to the judge with your objections, copying everything to the other side. If the court has ruled and it has materially damaged your rights, you should file a complaint with the State Bar against your attorney, and find another attorney to take your malpractice case against him or her. I would be happy to talk to you about that.

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Answered on 12/15/10, 2:12 pm


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