Tuesday, December 28, 2010

WHAT TO DO IF A CONSULTING LAWYER HASN'T PERFORMED SERVICES

DONALD F. CONVISER, a Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Family Law and Divorce Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, brings you another informative and educational blog, responding to questions posed to him by members of the public in areas of Family Law and Divorce.

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: I paid a lawyer to file my divorce but he is not my attorney on record, and he has not completed forms. It has been weeks and it has been impossible to get a hold of him. My simple divorce has to still be finalized and it has been over a year and a half since I filed. Can I get help from another lawyer?

ANSWER: It sounds as though you hired a lawyer as a consultant to perform "unbundled services" to file your divorce case, and if so, you would be your own lawyer, in Pro Per. If that is the case, you can substitute another attorney to take over your representation from yourself. From your question, I can't determine what forms the first attorney hasn't completed, but the attorney who you substitute in can complete the divorce case. The agreement between the first lawyer and you should define what the first lawyer was supposed to do, and if he was paid to do something and didn't do it, you can sue him in Small Claims Court for refund of the portion of the amount paid that he didn't earn.

1 comment:

maddy said...

Very informative article here. Thanks for sharing!
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