Legal Question in Family Law in Texas
I Need A Different Lawyer
My husband has hired an attoney and payed half of the retainer. Today's date is February 7, 2001 and the attorney received half of the retainer on January 29, 2001. The attorney should have gotten a copy the divorce decree and gotten a court date and has done neither. My husband has found another attorney that he knows will get the job done. How can my husband fire his current attorney and is the attorney obligated to return the half of the retainer that has already been paid? We understand there may be a fee for doing so.
1 Answer from Attorneys
Re: I Need A Different Lawyer
I think you are being too tough on the attorney. Although certainly the divorce petition could have been filed within the nine days you mention, one cannot get a court date until after an answer is either due or filed. Even if your divorce is agreed, you can't get divorced for at least sixty days after filing, and typically in agreed divorces the courts allow you to appear whenever you are ready rather than get a setting.
As for your second question, much will depend on what the fee contract says.
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