Legal Question in Family Law in Texas
Non Responsive Lawyer
I filed a divorce with an attorney in texas almost a year ago. When I realized there was no way to get my spouse to agree on a noncontested divorce I informed my lawyer to serve her with the divorce. He said he had to give her lawyer two weeks notice and did not serve her. I have told him several times over the last year to serve her and he has not and only send revised divorce agreements from her lawyer to me. Even after she signed the divorce papers and I signed them and I got cashiers checks for payments to her to give her lawyer at the court date, she canceled the court date. My lawyer does not fight anything: her lawyer does and my lawyer will not serve her. He keeps saying if I serve her now it will take six months to two years to go to court...Will I lose my filing of the divorce almost a year ago if I find a new lawyer now...and I gave the lawyer a $6000.00 retainer...will I lose this? Help...I feel he is using up my retainer and when that is gone he will actually let me get a divorce.
3 Answers from Attorneys
Re: Non Responsive Lawyer
If you wish to contest the fee problem, report the attorney to you local State Bar grievance committee.
Re: Non Responsive Lawyer
You should get your retainer back if there's some left. It sounds like your attorney is screwing you around. Let me know if I can help further.
Re: Non Responsive Lawyer
You can fire your attorney at any time. You will not lose your file date. The new attorney will substitute for your old lawyer and pick up where he left off. As far as the retainer, that will depend on your contract with the attorney and how much he has allready billed against it. Let me know if I can help. Good luck
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