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I hired an attorney before the hearing but he is no help whatsoever...but I already got a continuance and no time to switch

San Francisco, CA |

I paid him $1,000 but he has not done anything and I doubt he will return the flat fee. I'm doing my forms myself, asking him and reminding him about it, he tells me let me think about, then does not get back, so I feel like it's me doing anything. I don't have time and he seemed to be affordable from all of them..this is for restraining order against me.

I don't know..maybe he thinks that we can easily win and the case is a piece of cake (in a way it is); therefore he feels like no need to dwell on it at all. I will only physically meet him before the court as I have to travel to the city where the other person filed the T R O on me based on false accusations.

Attorney Answers 3


So what would you like to ask us?

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You have a couple of options. 1. You can continue with him and see what happens. If you lose you can do a fee arbitration to get some of your money back. The probem with this is you should at least let him know in writing that you are displeased and why and that you feel stuck with him, so you have proof later in the fee arbitration. Or 2) you can terminate is services now and represent yourself (which I usually do NOT recommend) along with the letter containing the reason for the terimination and that you will be seeking your money back. or 3) try to have a sit down personal meeting with him at his office prior to the hearing to get on the same page (my recommendation.) The fee is only non-refundable if the attorney does what the contract says what he will do. If he does the prep work and loses, you may have no basis to et you money back. And he probably has put some work in. Good luck.

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Firstly, it appears to me that you have been able to maintain communications with the attorney you retained. If you are unhappy, I would suggest you make an appointment to discuss your frustrations and see if there is anything that can be done to remedy the problem prior to your hearing. If after meeting with the attorney you are still unhappy, then maybe you can discuss your options. As my colleague suggested, you may: 1. stay with retained counsel, 2. hire someone new, or 3. represent yourself.

In my experience, the majority of times the problem is a lack of communication. Clients often do not "see" what attorneys are doing to prepare and thus it feels as if they are doing nothing. With that said, I would start by setting up an appointment and meet with the attorney you hired. Best of luck.

This does not constitute legal advice and does not create an attorney-client relationship but is merely a general discussion of legal principles based upon a hypothetical.

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