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I gave an a lawyer a check on Jan 31 2013 to file for divorce and she has not cashed it or returned calls. Is this the norm??

Edgewater, FL |

Wanted to file for divorce and found this lawyer on line with a good rating from the BBB

Attorney Answers 5


  1. Perhaps something happened to the attorney, why don't you send her an email and a certified letter asking what is going on, give her the benefit of the doubt, she could have been injured or had a family emergency, the good news is the check is not cashed so that you have not been financially injured. Hope things work out and take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  2. Have you tried to contact her other than by phone? If not, you might try emailing or going to her office. It would be somewhat unusual for you to pay an attorney and then hear nothing for over a month, especially when you were contemplating filing for divorce in a short period of time.


  3. First, you need to go to your lawyer's office and see what is going on. Second, you can check with the local bar association. Third, check the cler's office to see if the petition has been filed.

    This information does not constitute am attorney / client relationship and is just a general answer to the question posed with the limited facts available. There is no substitute to a consultation with an attorney licensed in your State.


  4. That is veru unuaual and you should go to her office and see what has happened. You should also consider finding another attorney to help you with your divorce and to find out what happened to your first lawyer.


  5. I agree with the other responses. It is very unusual that not only do you get no response, but that she has also not even deposited the check. Try going by her office, emailing, checking with the Florida Bar and local Bar to see if anything perhaps happened to her (medically? car accident?). If you cannot find anything out, I would put a stop payment on the check (to be safe) and retain a different attorney.

    Should you wish to discuss this matter further, my office offers free initial telephone consultations. During the consultation, we can discuss the particulars of your situation in depth, as well as explore your potential rights and options. If you would like to coordinate a free initial telephone consultation, please contact my office at 407-971-6140 or 352-324-2444 to schedule same.

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.

    Joanna Mitchell
    Mitchell & Associates, P.A.
    614 E. Hwy 50, Suite 327
    Clermont, FL 34711-3164
    PH: (352) 324-2444
    FX: (352) 324-2229
    Email: jmitchell@mitchell-pa.com
    Web: www.mitchell-pa.com

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.

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