Legal Question in Family Law in Maryland

I need to fire my lawyer

I have just come from the pendalite trial for my custody/divorce case and my lawyer settled out of court. He and my wife's lawyer did this last minute while we were at the trial. My lawyer was not prepared and has mislead me up to this point. He also changed our game plan last minute. I am not happy with the outcome but was afraid to stand up and argue with him in front of the judge. So I agreed with the conditions but now feel I have made a horrible mistake. All I wanted was 50% custody and visitation. I got the split custody but only 25% visitation. I also found out in the trial I owe alot of back child support. Can I appeal this decision I have agreed to while I find another lawyer. My final divorce trial is in 2 months. Will another lawyer take over this case or should I ride out this a lawyer I am unhappy with? Please advise.


Asked on 8/13/02, 10:01 am

2 Answers from Attorneys

Carolyn Press Chung & Press. P.C.

Re: I need to fire my lawyer

If your lawyer reached an agreement with opposing counsel and didn't get your approval before putting the agreement on the record in court, that was placing you in an impossible situation. I would suggest that you discuss your dissatisfaction with your lawyer and, if he can't give you a satisfactory explanation for what happened, you should get another lawyer as soon as possible. Most lawyers will not accept your case or discuss it with you until you have notified your current lawyer that you intend to look for new counsel, so I would suggest that you take some action quickly. Two months should not be an impossibly short time for a new lawyer to be prepared for the court date, if you can provide the new lawyer with a complete file. But a lawyer with a busy schedule will need that time.

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Answered on 8/13/02, 11:05 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: I need to fire my lawyer

Back child support cannot be ordered unless you were under an order to pay child support or the petition pled for child support as of the date of filing and the hearing was not held for some time.

Assuming an agreement was entered into the decree, your attorney should have sought your approval before presenting an agreement for your signature. If things happened at the last minute, this is a tough call.

You now have a temporary order on the docket with a permanent order pending in two months. Child custody and support could possibly be severed from the divorce hearing. You should not delay is seeking alternate counsel if you are not happy with the result of your current attorney.

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Answered on 8/13/02, 9:59 pm


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