Legal Question in Family Law in Texas

Attorney is quitting in the middle of divorce case

My brother was ordered in a temp hearing to pay all credit card debt in addition to alimony and child support ($1000 per month just for support); basically what he was ordered to pay leaves only $5 per month for his own living expenses...now his attorney (whom he paid $1500 initially in Jan. of this year) has filed a motion to withdraw due to his not paying her his atty. has received discovery and admissions docs from Pet. atty. that will be another $1500 and won't go forward w/out pmt, but he truly has NO money, can't get to his stocks to even take out a loan. The papers that Pet. atty. sent were served to his atty on 11/16 but he didn't get them until dec. 3 and he is supposed to submit all docs & answers by dec 16. Does he have the right to ask for an ext. and if so who does he ask? also, does he have the right to submit discovery and admissions as well? I know that him defending himself in this is not optimum but he truly has no choice, what steps should we take, are there any free legal advice groups or anything that can help him represent himself?


Asked on 12/12/01, 10:47 am

1 Answer from Attorneys

Darren Schraeder Schraeder Law Office

Re: Attorney is quitting in the middle of divorce case

I have some answers, and some further questions. Normally, attorneys will grant extensions to discovery responses as a courtesy. Make sure that you get the extension in writing (Rule 11 agreement signed by the attorney granting the extension). The Admissions are deadly. If they are not answered in time, you have made admissions that cannot be changed by your later testimony at trial. You have a chance to withdraw the admissions if you can show a good reason for why you failed to answer them (DO NOT RELY on trying to get them withdrawn as this is no sure thing.) The admissions are probably easy to answer as well using either "Admit" , "Deny" or "After a dilegent effort, I cannot admit or deny this request." The other discovery being late causes you to waive your objections to the questions (such as the one asking for everyone you slept with since high school). If not answered, the opposing attorney can also file a motion to compel you to answer and might get attorneys fees for the need to file the motion. First, call to get the extension, ask for two weeks and set a date certain that you will have the discovery answers in the attorneys hands (not just mailed by that date.) Second, if no extension, at least answer the admissions. Third, beg or borrow the funds to hire another attorney. Many people do represent themselves in Court. May of those people lose not because of the facts, but because they don't know what to do. You can turn around and send the same discovery right back to the other side, something that I do on cases where I don't have a great deal of money to spend. Simply change the names, sign it, and send it back. I am a little incredulous that the Temporary Orders strangle you so that you have nothing left. If there are community assets, such as a bank account, an extra car, room on a credit card, I am sure that the Court will allow you to use it or sell it to pay attorneys fees. The idea of temporary orders is to maintain the status quo (whomever paid the bills before, should pay them now during divorce) and to establish the use of property and visitation with the kids. Sometimes child support causes bills not to get paid. The Court is more concerned about the lights and the rent and the kids than credit cards. To find free advice, I would need to know the county. You can alsways call the county bar association for a referral to a new attorney or check at your county law library for a list of organizations that might be able to help.

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Answered on 12/12/01, 12:27 pm


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