Divorce lawyer backed out as my lawyer 11 calendar days before the final hearing? -

I live in Ohio. I am a legal immigrant so you will wonder how much about US laws I know about. I filed a divorce against my husband because he has been cheating on me and wouldn’t stop even after we talked to a pastor and his father. I already paid my lawyer retainer fees since January of this year. I tried to call him again and again in during February and March to know the progress. He got mad at me on the phone and told me he didn’t like me calling all the time. Said he’s gonna charge me. So I stopped and decided that if there is a progress, he would just call me. He never did. All info I know, I usually get from the county court website, even the date of pre-trial hearing. Then 11 days before the final hearing, he said he’s backing out as my lawyer. He said it is my fault because I wouldn’t let him do a deposition against my husband. The only reason I won’t is because I don’t our fight to be even worse and that I know he really doesn’t make much income than I do.

Oh my God! You PAID your lawyer to do HIS job and then you TOLD him what to do???? Your fault all the way. The lawyer knows more than you..next time sit back and him to his job!!

An attorney may terminate representation in a civil case if he or she wants to. Normally (in KS) the attorney would need to file a motion to with draw, schedule a hearing and then have the judge sign an order. It would be required by the attorney to you and the other side notice of the hearing. I don t know if this is how it is done where you live. Now as to him not returning calls and telling you not to call him, I believe that would be an ethical violation (failure to keep client reasonably informed). If you think he crossed the line, you may file a complaint with the state disciplinary committee. Usually you can find them on the web (I know the KS committee is on the web). Most if not all would require a written signed complaint before they will investigate. Now with the trial 11 days away, you need to retain a new attorney quickly. If you can t get that done, appear at the trial and request a continuance. It would be best to contact the othersides attorney as soon as possible to request a continuance by agreement. If you can t get the otherside to agree, then be prepared to show the judge what you have done to find a new attorney (simply quoting him names from the phone book won t do it}. I would say that if you have made appointments for consultation with 3 lawyer, that would show your effort (at least pick up their business card and have them with you). If the judge won t grant the continuance, then you will have to go it alone. An alternative would be to write a letter to the othersides attorney and make a settlement offer. If they agree, that attorney can write it out and then everybody signs off and it is done. You probably would need to appear at the trial and give testimony to support the divorce (normally a few simple questions does it). Good luck.

The lawyer cannot drop you without filing a motion to withdraw. The judge does not have to grant the attorneys motion, and will probably deny the motion if the attorney does not have a good reason and it will hurt your case. You may want to show up at the hearing to contest it, and explain your situation as you have done here. If the judge denies the attorneys motion, the attorney is then on the hook to finish your case, and in a professional manner. If he screws around with your case he will find himself in contempt and a whole lot of other trouble an attorney does not want from a judge. A clients complaint to the State Bar may not mean a whole lot, but attorneys know a judges complaint against them is serious business and nothing to mess with. Once you get through your final hearing then drop him.

Oh boy, you got one bad lawyer. I ll bet he wanted to do a deposition only so he could charge you for it. Those are expensive plus you have to pay the court reporter. You should find out how to file a complaint against him with your State Bar. In the meantime, you need to either go to legal aide in your town to continue this matter or hire a new lawyer. If you hire a new lawyer make a list of questions to ask him or her before you retain him. For example, how long have you been practicing, how much will this basic divorce cost me, do you advise going to court in every case or do you advice settling out of court for most divorces? If you two have no children a divorce is a pretty simple thing in many states. Contact the websites below for more information.

Contact the state bar association and get a new attorney. You could also ask them to do an investigation for malpractice.

Report him to the Ohio Bar Association. I m sure they d be located in Columbus, or at the website below. Conduct like this should be reported so this guy does not get away with this again. Meanwhile, start seeking representation elsewhere to get your divorce handled.