Question: Twelve weeks ago we sent a settlement agreement to my wife’s attorney. We got no response.
He was supposed to set a court date and half a dozen other things. He has not returned calls or taken action on any of the action items we discussed in over 8 weeks.
What do I do about lawyer abandonment? And what about the money I have already paid him?
You need to consult a domestic litigation attorney in your state as the laws governing legal representation vary from state to state.
In most states, a client can terminate their relationship with the attorney at his or her own discretion. Your fee agreement with your current attorney should detail whether he or she is to be paid on an hourly or a flat fee basis.
When you meet with the attorney licensed in Alabama, you should bring the fee agreement you have with your current attorney to find out whether or not you are entitled to the return of any your original retainer.
Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.