Legal Question in Legal Ethics in California

Nonperformance of attorney

In April of 2003 I hired an attorney and filed for dissolution of marriage. My wife and I had no children together and no real estate was involved. I paid the attorney $2,618.00. To date the divorce is not final and he will not return my phone messages or respond to a Certified/Return Receipt Requested letter that was sent to his office.


Asked on 3/13/06, 12:27 am

1 Answer from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Nonperformance of attorney

Pursuant to California State Bar rules, a lawyer has an ethical duty to comminicate with their clients.

Now you say the divorce is not final? Do you owe your lawyer money?

In anycase there is no excuse for your lawyer not to communicate with you, even if you own him money.

I would leave him a message telling him that unless he gives you a status within 24 hours that you are going to file a complaint with the California State Bar.

If he does not call you back, then I would go ahead and file a complaint with the California State Bar, and then immediatly try to find another attorney!

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Answered on 3/15/06, 10:16 am


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