Legal Question in Family Law in Michigan

What do I do about an attorney who isn't doing her job?

In April 2000 I filed for divorce. After many foul ups the divorce was final in August 2001. As of right now (April, 2002) I still have not received the settlement I was supposed to, my ex-husband does not carry insurance on the children as defined in the papers, and I don't even have any papers. My attorney has either fired her secetary or she quit so I can't reach my attorney on the phone. I am filing complaints with the attorney generals office against both my attorney and my ex-husbands attorney. My real question is...Can I fire my current attorney and hire another to finish the job? What else can I do? I am sure I have a legal bill that is unbelievable because of all the delays involved. Help.


Asked on 4/24/02, 4:41 pm

2 Answers from Attorneys

Gregory J. Roth Gregory J. Roth, PLLC

Re: What do I do about an attorney who isn't doing her job?

You are certainly entitled to fire your current attorney and hire another. In fact this may be your best bet in order to get case closure, but be aware that your current attorney (if she suddenly becomes available) may demand unpaid fees and may be able to retain your file(s) until validated fees are paid. As regards attorney sanctions, instead of filing a complaint with the Attorney General, the more appropriate course of action would be to file a complaint with the Attorney Grievance Commission. If you have any further questions, please contact me at [email protected] or consult my attorney profile.

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Answered on 4/25/02, 12:30 am
John C. Talpos Talpos & Arnold

Re: What do I do about an attorney who isn't doing her job?

Yes, you may fire your attorney and hire another one. That doesn't mean that you don't have to pay any outstanding attorney fees. That will be decided by looking at the retainer agreement that you signed, the nature of the work performed, and the record keeping by your attorney. If you need further information, feel free to contact me. John C. Talpos (http://www.Mich-Lawyer.com)

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Answered on 4/25/02, 7:50 am


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