my son has had this lawyer for three years who will not do the temp custody or anything that will help out until they go to court for divorce.so we found another lawyer who swears she can get more done.Do you think we should fire and hire.My son has paid the old lawyer $1700.00 already and will have to pay the new lawyer $2500.00.Will he get any back from the old lawyer and can he get his file from the old lawyer.
Beware lawyers to promise the moon, but on the flip side beware lawyer that sit on their butts.
You might want to ask around about both lawyers and see what you can find out. Also, check with the local bar association and see if there have been any complaints filed against them. And it never hurts to plug both thier names into google and see what comes up.
I think it is odd that you have not gone to court in three years. So, I am guessing there are other circumstances involed in this case.
About the files. Yes, you can get them. However, you will have to pay a copying fee to your lawyer to get the copy of the file. Well that is usually what happens in most cases. That is why it is always a good idea to copy everything you give your lawyer, so you don't have to ask for anything back.
As for the amount of retainer, yes, they should refund you the amount that has not been used. However, I find that somehow by some mircle the amount of the retainer is always used.
One of the important things when hiring an attorney is that they are upfront about their fees and give you a monthly statement of what has been done and what the charges have been on your case.
"my son has had this lawyer for three years who will not do the temp custody or anything that will help out until they go to court for divorce."
*****Your sons problem is not with the lawyer. It is more the fact that after three yrs he's still not moving forward with proper divorce proceedings. You might want to give him a swift kick in the azz and get him moving forward in a positive direction.
The problem has not been with my son,he hired his lawyer the month after the seperation.Thats how long the lawyer has sat on her hands.But things are getting really bad now so we have to get something going,asap
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