Legal Question in Family Law in New York

Re: my lawyer screwed up my case

(1)You may fire your attorney at any time and in any way. It is important to inform the court. If you are wary of a confrontation, it is not necessary to tell your old lawyer directly he is fired (it is possible for him to do work for you and be entitled to payment if the new work was authorized by you earlier) you should tell him to protect yourself. It is very common to have your new lawyer inform your old of the firing. Mail is also an effective way to inform the old attorney he is fired. Also, leaving a message on his answering service is effective.

(2) There is a legal doctrine of 'tolling' a statutory period. This can be very technical. Lawyers often argue at great length about when the clock starts to run on the 30 days. In a Matrimonial case, the Notice of Entry starts the clock. Telling the Court you have fired the old attorney may save you a couple of days. You may also petition the court to accept a late appeal.

(3) The orders of support and child care are made under the assumption of circumstances presented to the Judge at the trial. When those circumstances can be shown to have changed, the orders can be changed as well.

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Re: my lawyer screwed up my case

1) You can fire your attorney by simply telling him that he is fired. However, I would not recommend doing so until you have a new lawyer in place.

2) Your time to appeal may not have run. In order to trigger the 30 day period, someone (usually the other side) had to serve the order With Notice of Entry on your lawyer. If they have not done this, the appeal time has not started. If they did this, and did it by mail, you have 35 days to appeal.

3) As for the particulars of your case, you need to consult with an attorney.