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Old 09-16-2005, 08:00 AM
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Join Date: Sep 2005
Posts: 7
Angry Atty's Lack Of Action

I need some advice, please. Preferably from a legal person---I made an agreement w/ an attorney in early June for him to handle my divorce for me. Long story, but I'm in IL, hubby in RI. Deal w/ atty was that I could pay him on a monthly basis once everything was done and over with, which I appreciated more than anyone could ever know, since I don't have a penny to my name!

Divorce should be uncontested and I'm asking for minimal maintenance for a limited period of time, which he can well afford. No kids to worry about, no house anymore (lost in foreclosure), etc. The only thing he may dispute wd be alimony.

Took the atty almost two months to even send me drafts of the documents he finally got around to preparing, then after I had edited them and e-mailed them back to him, another week or two before he bothered to send them out. We were trying to save a couple of bucks by getting him to waive service, so the papers were just sent out by UPS and the atty did finally allow as how he did get confirmation of delivery.

My problem is this--I have sent this attorney e-mail after e-mail requesting an update on the status or requesting that he go ahead and take the next step since husband obviously is not going to just sign the papers and send them back. Have also left msg after msg at his office. I have yet to receive any kind of acknowledgement that he has even received either my e-mails or my phone messages. Even a quick message saying "OK, I'm going to go ahead and have him served this week." or just "I'm working on it." would be appreciated at this point. Heck, I even offered him an out and told him just to let me know if he didn't want to handle my case and there would be no hard feelings. Once again, no response.

Is this lack of response/action on his part even ethical? Does he not have a responsibility to keep me informed and to return my messages promptly? I cannot believe that the Bar allows its members to behave in this fashion.

Any comments or suggestions as to how I should proceed?

Thanks!
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Old 09-16-2005, 10:22 AM
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Join Date: Jul 2005
Posts: 124
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Have you paid the attorney any money yet? That might be the problem. He/She is doing work for you and is basically doing it for free. Free work seems to take slightly longer than paid work. If your husband has not responded or sent back signed paperwork then the divorce is most likely no longer uncontested which means significant work on the part of the attorney and a larger amount of fees.

You can always call the bar and have them step in. Worst case is that the attorney pulls out and you will have to find a new attorney to deal with a contested divorce. And you will probably have to pay money up front.
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