Legal Question in Family Law in Virginia

Is my attorney being negligent?

I have retained a local attorney to deal with my case regarding formalization of visitation. After

retaining the lawyer, she has not once called me back regarding the case, although she was supposed to talk with my ex-husband's

attorney regarding mediation.

When I called I was informed that the paralegal who was handling my case had been changed and so the new one would look into my case and call me back. ( The lawyer is never available to take my call) Subsequently, I called again and was informed that the attorney was unable to meet or talk with my ex husbands lawyer and that there was nothing new to report about my case. My first court date is on Tuesday. Am I being unnecessarily worried, or is this the normal way a busy attorney firm operates? What do I do if the attorney does not turn up in court on tuesday? (The receptionist did say that the my date was on their calendar) Should and can I still change my attorney or is it too late?


Asked on 2/15/07, 9:52 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Is my attorney being negligent?

Better wait for the court date to make any decision regarding replacing the attorney. If the attorney fails to appear at the scheduled hearing(not too likely), the culpablity will attach to her and not to you, and the court will merely continue the case to another date.

What you have described in regard to contacting or attempting to confer with your hired counsel is, unfortunately, not unusual. Nevertheless, that doesn't mean that you necessarily have to put up with it, and if you continue to need legal representation in your visitation matter, you may want to hire a lawyer who actually returns your phone calls and who is willing to speak personally with you regarding your case.

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Answered on 2/15/07, 10:08 am


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