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Lawyer bailing the day before court

MrsFitMama's picture

Submitted by MrsFitMama on Wed, 04/27/2011 - 12:39pm

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Family Court

Anyone have advice on this? DH has paid this lawyer $4000 to date. He had previously said that he was concerned if he didn't have the remaining $3300, that she wouldn't show up to court. The assistant told DH that she would never do that. That because he has a history of paying her, she would still be there to represent him and they would just continue billing him in payments. We are not ballers and are struggling. I don't have a steady income and his business is mediocre. We don't have $3300 just laying around. We stretch pennies.
So the assistant calls today saying, if the attorney doesn't have the $3300 by today, she isn't showing up for court (which is tomorrow)...
Needless to say we were both shocked that someone would put us out like that. How she can get paid so much money and then skip out because she's scared she isn't going to get paid.

This is detrimental to DH because he feels his daughters are in danger living with his ex so he's fighting full custody. So now he isn't prepared for what the court system is/does nor how to adequately represent himself.

stormabruin's picture

Submitted by stormabruin on Wed, 04/27/2011 - 1:08pm

And this is one more reason I effing HATE an attorney. They're asses.

Have your DH call the courthouse & find out about filing for a continuance. I don't know how far ahead you can file, but it's worth finding out. Then, find a lawyer who will work with you.

If you can't find one who will work with you, set up free consultations with a few different ones & get advice on how to approach it in court pro se.

stormabruin's picture

Submitted by stormabruin on Wed, 04/27/2011 - 1:37pm

But if he agreed to a payment plan & they've been paying on schedule, I feel he has an obligation to show up & represent him as he agreed to do.

stormabruin's picture

Submitted by stormabruin on Wed, 04/27/2011 - 2:47pm

Ahhh...I missed that detail.

Then yes, it sucks, but the dealing should've been done directly with the attorney.

smonster2's picture

Submitted by smonster2 on Wed, 04/27/2011 - 1:38pm

Although I do understand the attorney's point of view on being paid, couldn't they have said something prior to the day before court? I am sure they knew the date in advance so why did they wait until the last minute to let you know she would not be there? I'd be really pissed to thinking that I had an attorney and they would work with me only to find out at the last minute that they were not going to.