Legal Question in Family Law in Virginia

Attorney Failes to do his work- no records no witness's

I obtained a family law attorney for a child custody case. I provided him with a list of witness's and tons of evidence, some that only he could obtain, he assured me he would. A motion for discovery was granted at 1st hearing. We are now 2 days from the hearing & I've submitted interrogatories to my lawyer over 2 weeks ago and he plans to submit them the day of court. I was informed today could I locate witness's on my behalf as he had not subpeoned any. This is a very complicated case as I am a third party seeking custody which the judge has granted me custody previously. Social services is actively involved as the temporary custodial parent has previously been found negligent. I don't know which way to turn as my attorney is not at all prepared for this case, although he has had 4 months & I have done most of the work. My witness's are 1/2 my case. I can't testify to what they said they seen. He also failed to get medical updates on the child whose custody is to be determined as he is disabled and the previous neglect is related to this. Can I ask the judge under the circumstances for a postponement? What are my alternatives? I am desperate. I have paid all my bills to him so money is not the issue. PLEASE HELP!!!


Asked on 3/22/05, 8:53 pm

2 Answers from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Attorney Failes to do his work- no records no witness's

I sympathize with you. If you are that unhappy with the atty it seems that he must be fired and a continuance must be requested. The Judge may very well deny the request in which case you do the best as practcable and appeal it if unsuccessful with a new atty. The request may be denied because all parties will be prepared but you and the Judge may not want everyone else to be inconvenienced because of you.

Good luck.

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Answered on 3/22/05, 9:34 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Attorney Failes to do his work- no records no witness's

I would write a letter to the lawyer, certified mail return receipt requested, saying everything you said in your question, and requesting a copy of your entire file including the return of any original documents you may have given him.

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Answered on 3/23/05, 1:50 am


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