naj
Platinum
Reged: 01/30/07
Posts: 408
Loc: not where I wish to be!
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My attorney told me I would get this and that and when we went to mediation he did nothing I did the negotiating and he was willing to do what ever X's attorney said. Do I have any recourse against him (attorney)?
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Jann
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Samsung
Platinum
Reged: 06/14/07
Posts: 1874
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Can you give more details? Was what you were asking for reasonable, and within the scope of the law?
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naj
Platinum
Reged: 01/30/07
Posts: 408
Loc: not where I wish to be!
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during mediation my attorney suggested nothing she was willing to accept what ever he asked for or didn't. I was getting a monthly check from X of 150.00 I asked for more not the attorney and I disagreed with the values placed on the real estate I did not think they were fair she said nothing. I do not think she had my interest at all. I am disabled and have been for 7 yrs I will not be able to work forever and after 35 yrs I must deserve something.
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Jann
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Jada
Platinum
Reged: 06/02/07
Posts: 2906
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Yes, you can fire your attorney.
Other than that, I don't think you have recourse.
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faith4two
Platinum
Reged: 11/11/07
Posts: 345
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Before I'd outright fire my attorney, I'd follow up with a phonecall to ask WHY things transpired the way they did. Are there some rules of engagement that keep the attorney from stepping up (I don't know as I haven't made it that far). Perhaps the opposing counsel uses aggression as a tactic, whereas yours does not.
And I hope that you didn't agree to anything if you felt that strongly. I can see that tactics used in mediation could very well include a staunch position just to wear someone down.
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KGrow
Platinum
Reged: 01/27/06
Posts: 2923
Loc: Colorado
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Attorneys will do what they think you want them to do for you. But they are not mind readers. You have to tell them what you want them to do. As soon as you felt unsupported, you should have asked for an intermission from mediation and had a private discussion with your lawyer.
Does your lawyer know that you are disappointed? First step would be to have a debriefing with your lawyer. Also, you should know that it is normal to have a, "What have I done?" feeling after negotiations. The definition of a good agreement in divorce is that both parties feel like they got a raw deal.
At this point, what you can do is try and renege on agreements you made in mediation. Depending on the framework for mediation you may not even need a justification for doing so or you may need to claim you were inadequately represented.
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