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Posted

How normal is it for a divorce attorney to literally ignore phone calls from clients? I know the guy is busy, I totally get I, but if you have paid your retainer, and you have clarified what's important for you in your case - and then he just doesn't do anything. I mean - nothing. What should you do? He hasn't done anything in almost 6 months. I've gotten a hold of him occasionally (me calling - him answering) -- but whenever I leave VMs / send e-mails: nothing.

 

The only thing he needs to do is draft a quite simple dissolution agreement.

When I get a hold of him (rarely - see above) he says he's busy in court. I ask him for a timeline. He gives me a date. We set a date for the next meeting / going through the draft whatever......it's not done. No excuse. Just silence. He literally just ignores me. WTH??? Why don't they just say "hey I'm a busy lawyer, I have no time for this case..." Or even "sorry I just planned incorrectly - I shouldn't have taken your case in the first place..."

Something like that.

Am I being unreasonable? Is this how a good busy lawyer acts? Because he has "bigger fish to fry"??

Now I'm stuck and undecided. Changing lawyers? How fast will the new lawyer be? I'm so frustrated. Thanks, guys.

Posted

If a lawyer was ignoring my contacts and not adequately representing my legal interests, I'd fire them and report them to the bar and transfer the case to another firm.

  • Like 3
Posted

You need to fire him. Doesn't matter how "busy" he is, he took you on as a client and he's obligated to provide services in a timely manner and be accountable.

 

Always get professional references to attorneys. Everybody knows somebody who knows somebody (etc.) who can recommend one.

  • Like 1
Posted

Yeah, good point on the referral. My firm came as a referral from a colleague and they only took clients by referral. Whenever I contacted them, either I spoke directly to the lawyer or his paralegal or secretary within a minute of contacting the main firm switchboard. He also gave me his personal mobile number which I only used when we had court appearances scheduled.

 

Divorce is important stuff. Your life's work and life are at stake. Don't allow anyone to stand in your way.

Posted
How normal is it for a divorce attorney to literally ignore phone calls from clients? I know the guy is busy, I totally get I, but if you have paid your retainer, and you have clarified what's important for you in your case - and then he just doesn't do anything. I mean - nothing. What should you do? He hasn't done anything in almost 6 months. I've gotten a hold of him occasionally (me calling - him answering) -- but whenever I leave VMs / send e-mails: nothing.

 

The only thing he needs to do is draft a quite simple dissolution agreement.

When I get a hold of him (rarely - see above) he says he's busy in court. I ask him for a timeline. He gives me a date. We set a date for the next meeting / going through the draft whatever......it's not done. No excuse. Just silence. He literally just ignores me. WTH??? Why don't they just say "hey I'm a busy lawyer, I have no time for this case..." Or even "sorry I just planned incorrectly - I shouldn't have taken your case in the first place..."

Something like that.

Am I being unreasonable? Is this how a good busy lawyer acts? Because he has "bigger fish to fry"??

Now I'm stuck and undecided. Changing lawyers? How fast will the new lawyer be? I'm so frustrated. Thanks, guys.

 

Sorry to hear you've had this experience. His approach to client care is unacceptable. I would suggest putting in a politely worded complaint to the complaints partner (should be identified in the terms of engagement issued to you by the firm after you initially instructed them). As for putting in a complaint to the professional body in your area - that's your call to make.

 

Off the record, I'd be unlikely to take on anybody who I knew had made a complaint to my professional body about another lawyer unless I knew from personal experience that that lawyer was bad news. For instance known to act where there's a major conflict of interest, having dubious connections with known criminals, being a generally abusive sort of individual etc. There are certain people who bring the profession into serious disrepute with their behaviour. Then there are people who just aren't always very on the ball - and to be honest, there's a bit of "there for the Grace of God" about it. Lawyers can get sick, ill etc like anybody else.

 

With the kind of thing you're describing, you certainly have the right to make a complaint to the professional body - but then you might find other lawyers reluctant to take you on. That's not to say that your existing lawyer isn't completely out of line in the service he's provided,, but a complaint to the professional body is a serious matter. Most lawyers are probably going to want to shy away from a potential client who has brought such a complaint against another lawyer for unsatisfactory service (as opposed to something like criminal dishonesty).

 

I've taken on clients who've let me know (in reasonable sounding terms) why they were dissatisfied with the service they received from other lawyers, provided I had a good vibe about the client being a reasonable person....and have gone on to have good, problem free professional relationships with those clients. For whatever reason, sometimes the client/lawyer relationship just breaks down, or is never good to start with. Hearing that a potential client had made a complaint to the Law Society about another firm would be a massive red flag, though.

 

That's not to say this guy's behaviour is either professional or acceptable. It isn't, and I think it would be very appropriate to put in a complaint to the partner who handles complaints at that firm. As far as finding a better lawyer goes, ask around your contacts to find out which lawyers other people have used and get a sense from them of what the lawyer was like, the timescales they worked to etc, how quick they were in returning calls etc.

Posted

Good point....

 

Transfer case, fire lawyer and then report to the bar.

 

I've done this with doctors back when caregiving, meaning transfered care, got the records, then fired them and reported them to the medical board.

 

IMO, everyone, and especially licensed professional who suck life work from clients at a breathtaking rate, should be held accountable, if not more accountable than at least as accountable as the lowly people who retain them. When I get a whiff of a professional viewing me as lowly, poof, they're dead in my mind. Nothing is off the board. Ugly? Sure. Life is like that. Adapt or die.

Posted
IMO, everyone, and especially licensed professional who suck life work from clients at a breathtaking rate, should be held accountable, if not more accountable than at least as accountable as the lowly people who retain them. When I get a whiff of a professional viewing me as lowly, poof, they're dead in my mind. Nothing is off the board. Ugly? Sure. Life is like that. Adapt or die.

 

Well, that's one of the issues professional bodies have to take into account. Some complaints are extremely valid and come from utterly unacceptable behaviour on the part of the professional. The approach to client care demonstrated by Disillusioned is certainly unacceptable, and I think his retainer ought to be returned to him under the circumstances.

 

However, somebody believing or suspecting that a professional views them as "lowly" isn't really a good reason to report them to their professional body. Obviously blatant disrespect/grossly unprofessional discourtesy is complaint-worthy. However, having a hunch a professional doesn't have the level of respect for you that you believe they should have...well, that falls very much into the area of subjective opinion.

 

Complaints handlers aren't stupid. They know that sometimes people complain primarily because their ego has been wounded in some way more than because the professional they're complaining about has done anything that an impartial observer would consider to be wrongdoing. For that reason, I would always recommend people think very carefully before they attempt to destroy the career of a professional person by making a complaint to their professional body.

 

Are they tempted to make the complaint out of personal dislike or because they feel slighted in some way more than because there has been any serious wrongdoing? If so, they're likely going to find themselves disappointed and frustrated by the way the complaint is handled. Maybe even making a complaint against the professional body itself (these things can very easily spiral as grievances accumulate).

 

If the firm refuses to return Disillusioned's retainer, despite the very poor service he has received, then a complaint to the professional body may well be merited. I think it's a good plan to always ensure that complaints are kept factual and that they don't wander into the realms of hunches, or instincts (eg "I get the feeling that person doesn't have much respect for me, and that makes me angry"). I think his priorities here is to get as much of that retainer he's paid them back as he can, with the minimum hassle possible - and to identify a more on the ball lawyer to take things forward.

  • Author
Posted

He's a highly respected lawyer. And I'm sure he's very busy - it's just such an annoying thing to deal with. Other people have told me that lawyers can be so busy and they're constantly pulled into 1 million different directions, especially when they do a lot of litigation. Which he definitely does. So that's why I actually posted here. Because I really wasn't sure if I wasn't being unreasonable here.

 

Maybe he's just bored with my case. I'm definitely not his favorite client. And I already feel so stupid calling and calling and leaving messages all the time.

 

I did not know there was such a thing as a complaint partner.

I'll check out my agreement right when I get back home from work. I also hope that I'll get my retainer back. I'm sure he will be keeping some of the money, because we did have a few short phone conversation and short meetings.

Posted

He sounds incompetent. Some lawyers are. Find a new lawyer and get your case attended to. Once that ball is rolling, please file a complaint with documentation. If what you state is true, and a simple matter has languished for months on end, then disciplinary action may be in order.

Posted
Well, that's one of the issues professional bodies have to take into account. Some complaints are extremely valid and come from utterly unacceptable behaviour on the part of the professional. The approach to client care demonstrated by Disillusioned is certainly unacceptable, and I think his retainer ought to be returned to him under the circumstances.

 

However, somebody believing or suspecting that a professional views them as "lowly" isn't really a good reason to report them to their professional body. Obviously blatant disrespect/grossly unprofessional discourtesy is complaint-worthy. However, having a hunch a professional doesn't have the level of respect for you that you believe they should have...well, that falls very much into the area of subjective opinion.
Yep, it's merely the impetus for going after them in a language they understand, and you understand, the language of the law.

 

Complaints handlers aren't stupid. They know that sometimes people complain primarily because their ego has been wounded in some way more than because the professional they're complaining about has done anything that an impartial observer would consider to be wrongdoing. For that reason, I would always recommend people think very carefully before they attempt to destroy the career of a professional person by making a complaint to their professional body.
People aren't stupid. They know lawyers write checks with their ego every day. See how that works?

 

Are they tempted to make the complaint out of personal dislike or because they feel slighted in some way more than because there has been any serious wrongdoing? If so, they're likely going to find themselves disappointed and frustrated by the way the complaint is handled. Maybe even making a complaint against the professional body itself (these things can very easily spiral as grievances accumulate).
If someone doesn't perform their job duties and are disliked for that, well too bad. Suck it up and work to the agreed upon standards of professional behavior. If the complaint handler is a lawyer and sticks by their own, well, they're the adversary. Lawyers know all about adversarial encounters and are in fact experts at them. That's why civilians are generally afraid to fight lawyers. Me, not so much. They're human, fragile, time limited organisms who are no better or worse than anyone else.

 

If the firm refuses to return Disillusioned's retainer, despite the very poor service he has received, then a complaint to the professional body may well be merited. I think it's a good plan to always ensure that complaints are kept factual and that they don't wander into the realms of hunches, or instincts (eg "I get the feeling that person doesn't have much respect for me, and that makes me angry"). I think his priorities here is to get as much of that retainer he's paid them back as he can, with the minimum hassle possible - and to identify a more on the ball lawyer to take things forward.
Yep, good advice. Focus on job performance and the facts of the case and interactions. Use the same language lawyers use to demean people. Pay attention. They're the experts. Learn how to fight at their level.
Posted

@Taramere, how likely are you to check with your professional body for complaints from prospective clients?

Posted
He's a highly respected lawyer. And I'm sure he's very busy - it's just such an annoying thing to deal with. Other people have told me that lawyers can be so busy and they're constantly pulled into 1 million different directions, especially when they do a lot of litigation. Which he definitely does. So that's why I actually posted here. Because I really wasn't sure if I wasn't being unreasonable here.

 

Maybe he's just bored with my case. I'm definitely not his favorite client. And I already feel so stupid calling and calling and leaving messages all the time.

 

I did not know there was such a thing as a complaint partner.

I'll check out my agreement right when I get back home from work. I also hope that I'll get my retainer back. I'm sure he will be keeping some of the money, because we did have a few short phone conversation and short meetings.

Has he billed you for the phone conversations, meetings, and any work he's done yet? Generally attorneys on retainer are very prompt about sending you a monthly bill for any services provided to date. Normally you pay your bill upon receipt. The retainer is kept separately in a trust fund and returned back to you after work is complete (or you separate ways) and you've paid your bill in full.

 

What makes you say you aren't his favorite client? Why do you feel stupid when you contact him?

Posted
@Taramere, how likely are you to check with your professional body for complaints from prospective clients?

 

My professional body would never disclose that sort of info to me.

 

It's a grapevine thing. If a lawyer has had a serious complaint levelled against them and there's substance to it, then the chances are that they're not going to talk to anybody about it. However, if it's a relatively trivial complaint that could have easily been dealt with on an inhouse basis - or if it's a vexatious complaint (for instance made by a person who has a gripe against members of a particular profession and will seize any opportunity to have a go) then of course their targets will talk to buddies in the profession about it. Word gets around.

 

I've had lawyers I don't even know walk up to me in court, quietly point a person out to me and tell me to refuse to even engage with that person if they try to talk to me - because they're known to be vexatious. There are some clients whose business you would never want. Not under any circumstances. But the OP sounds as though he has a very valid complaint to take to the firm itself. He's had a harsh deal from somebody who should have withdrawn from acting if he didn't have the time or the inclination to act properly.

  • Like 2
Posted
Yep, it's merely the impetus for going after them in a language they understand, and you understand, the language of the law.

 

People aren't stupid. They know lawyers write checks with their ego every day. See how that works?

 

If someone doesn't perform their job duties and are disliked for that, well too bad. Suck it up and work to the agreed upon standards of professional behavior. If the complaint handler is a lawyer and sticks by their own, well, they're the adversary. Lawyers know all about adversarial encounters and are in fact experts at them. That's why civilians are generally afraid to fight lawyers. Me, not so much. They're human, fragile, time limited organisms who are no better or worse than anyone else.

 

Yep, good advice. Focus on job performance and the facts of the case and interactions. Use the same language lawyers use to demean people. Pay attention. They're the experts. Learn how to fight at their level.

 

I can see that you have a low opinion of the legal profession. Whatever the background to that is isn't my business. I work in the profession, and while I have encountered the occasional arrogant, bullying lawyer on the whole I've found my colleagues in the legal profession to be civilised, pleasant to deal with and focused primarily on protecting and serving their clients' interests and fulfilling their obligations as officers of the court. In fact, I recently dealt with the kind of vitriolic, hostile, intent on demeaning lawyer you're talking about...and it didn't go well for him at all. That sort of behaviour might work out well in tv programmes and films, but it doesn't go down well in the profession (or in the courtroom) in real life.

 

Maybe because I work in a fairly provincial setting - I don't know. But generally they're just normal people who actually like most of their clients and want to do a good job for them.

Posted
I can see that you have a low opinion of the legal profession. Whatever the background to that is isn't my business. I work in the profession, and while I have encountered the occasional arrogant, bullying lawyer on the whole I've found my colleagues in the legal profession to be civilised, pleasant to deal with and focused primarily on protecting and serving their clients' interests and fulfilling their obligations as officers of the court. In fact, I recently dealt with the kind of vitriolic, hostile, intent on demeaning lawyer you're talking about...and it didn't go well for him at all. That sort of behaviour might work out well in tv programmes and films, but it doesn't go down well in the profession (or in the courtroom) in real life.

 

Maybe because I work in a fairly provincial setting - I don't know. But generally they're just normal people who actually like most of their clients and want to do a good job for them.

Yes, it's different in business and divorce and, at least here in prosperous California, is big business with lots of money at stake and big fees on the table. I tend to be very focused in my dislike for people in general, meaning at the individual level. If a hired professional doesn't perform, they get a graduated response and their response to expectations for their performance dictates where things go.

 

As example here, the OP relates the lawyer has done nothing with their case for six months, all the while keeping their retainer, not an insubstantial amount of life's work in most jurisdictions (I was quoted between 5,000 and 7,000 USD in mine) , for doing nothing in six months. My clients would be on my doorstep with a baseball bat or a gun if I ignored them like that, or they'd have their lawyers dragging me into court.

 

Also, and the OP can clarify, in my jurisdiction many divorce lawyers are sole practitioners or are partners in very small firms, unlike the firm I retained that has over 50 associates and a number of full partners. I was referred through one of the partners. With that firm, they likely have in-house handling of problems with individual lawyers. IDK, I never had a problem with business, medical, estate or divorce issues. Individual practitioners have no such check or balance, with the bar or legal society as appropriate being the only recourse other than suing them for malpractice and, yet, more lawyers. Heh, it's a racket :D

 

OP, does the family law division of your court have a self-help desk? If so, see if they have any mediators on the list, who are lawyers, and try something else to get this done. I had a very positive experience with the court referred mediator working in concert with my lawyer to get things done right and at a reasonable cost. Things may work differently in your jurisdiction but leave no stone unturned in reaching your goal, I presume a divorce/dissolution.

  • Author
Posted (edited)

Thanks for everyone's input.

I can't do mediation. I need a lawyer.

As to why doesn't he like me? I don't know. I think I'm simply not a priority client. I'm neither high maintenance nor rude nor anything. I just said that based on the way he treats/ignores me. And as I said - I understand that he's probably extremely busy - I appreciate it that he's a well respected lawyer - he was recommended to me. And yes - I may have received one of those monthly statements a long time ago. That'll be deducted from my retainer for sure. Received nothing ever since. His hourly rate is 370. Seems high, too.

Edited by Disillusioned_2011
Posted

Yep, similar to my attorney who bills at 6 bucks a minute in six minute blocks. Some attorneys, likely many, will even bill that phone call to check on progress at, boom, 36 bucks (in my case), erasing the profit on an hour of my life's work just to check to see if he or she was doing their job.

 

IMO, the rate isn't bad, as I've seen crack corporate attorneys locally in the 4-450per range, but yeah, sure, high if they're doing nothing. How do you get someone who has your money, the sweat off your brow, the food out of your mouth, and who wants to do nothing off dead center? Interesting, isn't it?

Posted
Yes, it's different in business and divorce and, at least here in prosperous California, is big business with lots of money at stake and big fees on the table. I tend to be very focused in my dislike for people in general, meaning at the individual level. If a hired professional doesn't perform, they get a graduated response and their response to expectations for their performance dictates where things go.

 

As example here, the OP relates the lawyer has done nothing with their case for six months, all the while keeping their retainer, not an insubstantial amount of life's work in most jurisdictions (I was quoted between 5,000 and 7,000 USD in mine) , for doing nothing in six months. My clients would be on my doorstep with a baseball bat or a gun if I ignored them like that, or they'd have their lawyers dragging me into court.

 

I see. I was wondering what was meant by "retainer". We'll ask for a deposit of around £500 up front, with initial fees being taken out of that deposit. Basically to avoid that situation where you spend several hours on working for a client who decides not to pay you. And if there are going to be outlays (court fees etc) then they have to be paid by the client in advance. But it would be unthinkable to ask for a deposit of several thousand. If the OP has had to pay up a figure like that in advance, and now isn't getting any work done for him, that's a very serious matter.

 

I think one of the reasons some family lawyers take a vitriolic and overly aggressive stance is because a lot of clients want a "rottweiler". As soon as you have somebody like that involved, it runs up big bills for everybody - and the net result isn't necessarily what the client would have hoped for.

 

I had a client who freely admitted to me that he had wanted that kind of lawyer on first separating (acrimoniously) from his wife. Many months and many thousands of pounds later, he found himself no further forward and drowning in all manner of complexities to which there seemed to be no end. There wasn't much in the way of matrimonial assets at stake. It was the kind of case where ideally you'll get lawyers from small, modestly charging firms involved - and where both sides' lawyers will adopt an extremely pragmatic approach. The guy was being cleaned out financially by a large, prestigious firm that didn't give a damn about him.

 

His wife had taken the sensible course of action and gone to one such small (but very professional)and pragmatically minded firm. She'd developed a good relationship with a lawyer who cared about her. I had a couple of very lengthy meetings with my client to determine what he wanted, what he needed and what factors were holding up successful negotiation. We worked collaboratively with the other firm and with his wife to work out a relatively simple agreement which ensured each party got (financially) what they needed.

 

A lot of the time, removing the competitiveness that can develop in these disputes - to the extent where people will fight to the death ("it's a matter of principle") over things that have no intrinsic value - is the tough part. Big firms aren't always very good at assisting people with emotional aspects of divorce. That'ss often why you get this situation where somebody who has instructed a big firm finds themselves stuck. The big firm lawyer is faced with psychological blocks to settlement that they're not really interested in trying to deal with.

 

A big firm lawyer was laughing at me and another small firm lawyer the other day. "Are you two a couple of therapists or something?" Yeah, actually. Sometimes that's what it takes to move a case forward pragmatically. The big firm lawyers will be all "I'm a lawyer, not therapist". The small firm lawyers are more likely to take a view of "I'm a jack of all trades. Getting the case moved forward and getting the client a deal that they can live reasonably happily with (and maintaining their sanity) is the goal. If that requires me to dabble in a therapeutic/counselling role, I'll do it. Do what it takes to get to that point where the client and their ex partner are clear about what they need in order to move on from the marriage with emotional and financial stability (assuming that's actually possible).

 

Once both sides are in that frame of mind ("what do you need? What do I need?) the most apparently complex, long lasting and expensive disputes can become quite simple and straightforward. But it's not the job of big, prestigious firms to keep things as simple and straightforward as possible - because simple and straightforward doesn't help the firm's lawyers to meet their huge billing targets.

 

Sometimes respected status comes from little more than great skill in networking and self promotion, plush offices, expensive cars and other props that help to impress clients. When a person pays big bucks, they might get a great service...but it's not guaranteed. In some cases they might not get much more than the fleeting glory of association with a plush, self confident enterprise that will ultimately put them near the bottom of their list of priorities. Unfortunately, I suspect that might be what has happened to the OP. He needs to get that retainer back and ask around friends and acquaintances for a lawyer recommendation.

 

If all that's required is the drafting of a simple agreement, if there isn't any particular acrimony or disagreement (over the division of assets) between the OP and his wife, the family lawyer of a small firm should be able to do it very swiftly. There's no reason for something like this to take months on end, unless there are major areas of dispute between the OP and his wife that are blocking progress.

  • Like 2
Posted
Thanks for everyone's input.

I can't do mediation. I need a lawyer.

As to why doesn't he like me? I don't know. I think I'm simply not a priority client. I'm neither high maintenance nor rude nor anything. I just said that based on the way he treats/ignores me. And as I said - I understand that he's probably extremely busy - I appreciate it that he's a well respected lawyer - he was recommended to me. And yes - I may have received one of those monthly statements a long time ago. That'll be deducted from my retainer for sure. Received nothing ever since. His hourly rate is 370. Seems high, too.

 

At the risk of sounding dismissive and prejudicial, many of the attorneys I've had reason to interact with who've been unaccountable in general have had substance abuse problems. So less 'busy filing motions in court,' more 'busy snorting cocaine in the restroom during their two hour lunch.' And it tends to be a big money problem, so having a high hourly rate doesn't rule him out.

 

Not saying that's your guy, just be wary about finding excuses for them.

Posted

What I enjoyed was taking a piss with them in the courthouse lavatory before going in front of the judge. Brings it down to the human level. Watching how they responded to the specter of meeting their match on the bench. Good lesson in humility. They could, if they so desired, destroy me. The judge, OTOH, totally different matter :D

 

OP, thanks for the update. Yeah, I know some divorces just don't lend themselves to amicable solutions and your recount is why some divorces go on for years. I've seen those and truthfully don't know how the principals escape them with their sanity. I guess they're better at compartmentalizing than I am. I wish you patience and a successful outcome here, however you choose to do it. Man it sure is nice on the other side getting it done. Unburdened and free.

Posted

It's simple, if you are not happy with his service or non-service then get a detailed bill and ask for your money back...obviously you have to pay for meetings and phone calls, as well as any expenses..but if he really has done "Nothing" in 6 months then you really need to find other counsel.

  • Like 1
Posted
Thanks for everyone's input.

I can't do mediation. I need a lawyer.

 

Have you and your wife agreed on how you want the assets divided? Does your wife have a lawyer - and, if so, could her lawyer draft the agreement?

 

Your wife must also be wondering what the hold up here is, if the verbal agreement between you was that you would pay a lawyer to draft an agreement. If things between you are relatively amicable, and if the assets are quite simple and straightforward to quantify, this shouldn't be a long drawn out process.

 

As to why doesn't he like me? I don't know. I think I'm simply not a priority client. I'm neither high maintenance nor rude nor anything. I just said that based on the way he treats/ignores me. And as I said - I understand that he's probably extremely busy - I appreciate it that he's a well respected lawyer - he was recommended to me. And yes - I may have received one of those monthly statements a long time ago. That'll be deducted from my retainer for sure. Received nothing ever since. His hourly rate is 370. Seems high, too.

 

His rate sounds fairly standard for a big firm. Was he recommended to you specifically as a family lawyer? I know it sounds like a stupid question, but I've seen lawyers from other disciplines dabble in family matters. They'll charge the same rate that they charge for their specialty areas, without bringing the proper skills and experience to the role.

  • Like 1
Posted

$360 per hour and the 'simple dissolution agreement' isn't happening?

 

 

If you continue to not get answers from him, I would ask for the whole retainer back and get another attorney.

 

 

These guys can waste your time and especially your money. Especially if you feel the divorce can be a simple one.

Posted
And yes - I may have received one of those monthly statements a long time ago. That'll be deducted from my retainer for sure. Received nothing ever since.

 

If you received an invoice and didn't pay it, assuming it would be deducted from the retainer, that could be the problem. It depends on how they do business... some treat the retainer as payment in advance and will allow it to be spent down and replenished, and some send invoices and do not draw down the retainer.

 

If this was supposed to get done within a certain time frame and he has missed agreed upon deadlines multiple times, then refuses to communicate or respond, that could be construed to be malpractice and he could get in trouble with the bar assoc. However, if you owe him money, non-response would be considered justified. You should go to his office and speak with his paralegal or admin assistant to figure out exactly why he isn't responding. It's obviously not productive to leave voicemail messages.

 

There are a lot of lawyers that only want to meet with clients an hour before a hearing. That's not necessarily wrong but certainly isn't the type I'd want to work with. It's also possible the guy is just disorganized, in which case you might communicate via letter to light a fire under his ass.

Posted

The last but one lawyer I dealt with was apathetic to say the least!

 

I fired him went to collect my (very thin) file following his 6 months work and paid him nothing.

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