Legal Question in Family Law in Missouri

If the atotnrey has nto field anyhing with the court, you may fire them and immediately have other counsel fiel the petition onyoru behalf. If they have field the Pettion, they attorney you are firing may have to withdraw in order fo the court to recognize yrou new attorney as your representative. As to twhether you will get everyhting back depends on several factors, including the nature of yrou payment. A retainer is earned when paid, but a deposit toward fees and costs are not earned until the work is done or the costs hae been actually paid. Retainers (which are basically pyments to an attorney to agree to be avaialbe to represnt you in the future) are very rare in divorce cases. It ismore likely that you paid an amount toward the fees and costs of your case. That money sits in the attorney's trust account until they do the work and / or pay out the costs (such as filing and service of procees fees) The attorney is entitled to keep the payment for the work they have done. There is significat work that has to be done before the petition is filed with the court. This shoudl be awash for you, as this work, would be useaful to your next attorney. It is possible that you paid a flat fee to this attorney for their fees. In that case, the determination of the amount they may keep is tougher to determine. In wither case, you may use the Missouri Bar's Fee dispute program to settle any differences btween you and your current or former attorney.

It is nearly impossible to fairly evaluate whether you should fire your present attorney based upon almost no facts of your case. however, if this attorney canot adequatley explain the delay to you, then you may have a break down in the relationship. Divorces can be very stressful and hectic. You may do better if you are representation has agodo repoire with you. Would you prefer someone you are more comfortable with, or have the facts of this case caused the delay? To help you determine what has occurred in your case, you should ask (in writing, w/ verificationof delivery) for an accounting of all activity and money spent in your case. Many attorneys who are hesitant to return calls, respond quicker to a request for an accounting, as a failure to respond to it can be used against them later to show that they should return all the money to the client.

Good luck.