I have had an atty for 6 months in my divorce case. She has refused to send subpoenas, file "motions to compel" and preform many other legal...

Question

I have had an atty for 6 months in my divorce case. She has refused to send subpoenas, file "motions to compel" and preform many other legal matters in time to have the info for use at trial.My forensic accoutntant as well as another atty said we needed this info asap. I have paid her over $30,000. and always within 3 weeks of billing. She, today, says she she is withdrawing as my atty 3 weeks from trial date because I e-mailerd her that I would pay her no more unless she writes and sends the requests necessary to help my case. Today is the 30th of Sept. I am paid in full until tthe last bill I received on the 27th. She says since I am not paying her, she is withdrawing as my atty and she wished me"good luck". She is my 2nd atty. I left the 1st because he also would not supoena necessary info. My husband is represented by former Gov.Roy Barns' firm. Each has seemed terribly intimidated by them and have always acquiesed to all their requests and delays. What can I do now? I have only a small amount remaining in my IRA for any legal fees.

Answer

If your attorney is withdrawing then you will need to employ counsel at your earliest convenience. Expect to deposit a retainer in advance to cover the costs of the upcoming trial and any other contemplated services.

Answer

We also cannot second guess two lawyers based on your post. You can certainly hire another lawyer. Your lawyers know the facts of the case. Be prepared to discuss with potential lawyers all of the issues and give them a retainer, as when people complain about multiple lawyers not doing what the client says it raises a red flag about where the real problem lies. Also keep in mind that using terms like "intimidated," "scared," "afraid of the big companies or firms" are also HUGE red flags for potential lawyers because 1) it is virtually always untrue, and 2) it almost always means that the potential lawyers have told the client they have no case and the client refuses to take the advice, or the client wants the lawyers to do something inappropriate or unwarranted.

Answer

As Scott says, "keep in mind that using terms like "intimidated," "scared," "afraid of the big companies or firms" are also HUGE red flags for potential lawyers because 1) it is virtually always untrue, and 2) it almost always means that the potential lawyers have told the client they have no case and the client refuses to take the advice, or the client wants the lawyers to do something inappropriate or unwarranted."

Be also aware that 99% of the time, when you go through TWO attorneys, it becomes obvious that the problem may be the client and not the lawyers, and it is very possible, given the tone of your post, that good lawyers will refuse to touch your case.

You do need new counsel, and it is going to be hard to find one, not because Roy Barnes' firm is on the other side (which is NOT intimidating at all), but because you can't get along with your lawyers.