Legal Question in Legal Ethics in Michigan
My Lawyer Won't Return My Calls!
I'm in the process of a divorce with a court date in 1 wk. My spouse's attorney drew up a judgmentfor my attorney's review & mailed it over 2 wks ago. For the past 2 wks I've been calling my lawyer's office leaving messages with the secretary or on the answering machine I'd like a return call. I even mailed a letter requesting a phone call. My spouse's attorney has also been calling & doesn't get a return phone call. 2 days ago I called my attorney's office & was told by the secretary the attorney is not in but left a message for me that the attorney is working on my case & I should ''quit calling''! I'm appalled and at a loss as to what to do! I've never heard of anything like this & don't know where to turn! All I want to know is what the next step is in the proceeding; why my attorney has not sent me a copy of the tentative agreement that was drawn up by my spouse's attorney; and whether my attorney has reviewed that paper. I don't think that's too much to ask! Please suggest what I should do at this point so close to the court date? Do I wait 'til the court date and go alone? Do I talk with my spouse's attorney without
representation for myself? What do I do? Please help give
me some idea!
2 Answers from Attorneys
Re: My Lawyer Won't Return My Calls!
With lousy service such as this, something is wrong.
Either there's a major problem in your case, your attorney is really not available [although s/he should explain to you at least in a 5 minute conversation what is going on], or you haven't paid your bill or something. Still, nothing justifies not even returning your calls.
Consider calling the judge's clerk to say you've got a problem with your attorney and are concerned about a court date that's coming up, that you don't want to be pressured into a settlement, but are having trouble getting in touch with your attorney. Don't slam your attorney, just take the position that you want to make sure you have plenty of time to reciew the documents. S/he can't do anything, but at least the judge MAY get an informal heads up about a clear problem you're having.
Start interviewing a new attorney, who is experienced. This is no time for a lower cost attorney who will need to spend time getting up to speed on the law, or your sister-in-law's real estate attorney.
Then, tell your current attorney's secretary that you are coming down there to get a COMPLETE copy of your file, set an appointment and then, go get that a copy. Make sure you settle your bill to date at that time.
You don't fire your attorney (yet), but that will enable you to get a second opinion about what you should do on teh divorce. And, it will show you're serious.
I don't want you to get in the position of being pressured into a settlement.
You also have the alternative of sending a certified letter to both attorneys requesting a copy of the proposed settlement. State that you are onlky requesting a copy of what was sent to your attorney and all other communication is to go through your lawyer. That should get you a copy pronto.
Re: My Lawyer Won't Return My Calls!
You will see the judgment before the court date or on the court date. When it comes up, explain to the judge that you need time to review the judgment because your attorney has not provided you a copy before the court date, nor could you speak to the attorney because the attorney would not return your calls, etc. Don't be afraid to embarrass the attorney in front of the judge. He or she deserves it. Bill Stern
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