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How do I know when it is right time for me to fire and hire a new person to serve me in family law??

Tyler, TX |

I don't feel my atty has my best interests at heart, although he says he does. He files a motion that I did not ask for and states in said motion that I did ask him to do so. He does not seem sensitive or receptive to my hearing loss or how my mental illness affects my case. He never has the answers I need like when I ask if we can find a neutral place for visitation pick up/drop offs, for example. I am torn, cuz I paid him a great deal. I expected and hoped for good.

Attorney Answers 2

Posted

As Mr. Moore says, if you are dissatisfied without your attorney, it may be time to get a new one.

Note that any funds you paid, which your attorney has not earned, should be returned to you. Many attorneys incorrectly believe that they can quote a fee as a "flat rate" and that once paid, all of the money belongs to them. That is not the law in Texas and all fees must be earned before they become the property of the attorney.

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3 comments

Asker

Posted

How, Mr King, do I know if he has earned all the monies that we in the flat fee, and retainer? How do I go about getting what is used back?

Lee Keller King

Lee Keller King

Posted

Your attorney is required to account for his billing. If he has not earned it, it goes back to you. You should ask him to read the article in the current Texas Bar Journal entitled "When is a Retainer Truly Non-Refundable?" Send him a letter, certified mail, return receipt requested, asking for an accounting. That is a good beginning.

Asker

Posted

thank you for your assistance.

Posted

If you are dissatisfied with your lawyer, then it's time to get a new one.

I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.

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