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No response from attorney regarding my divorce case which has been filed in court for over 90 days.

Madison, MS |

I have a petition for divorce that has been filed in court for over 90 days. I haven't heard from my attorney and all attempts of contact have failed. I contacted the court myself and was told the divorce was pending "final judgment" and to please contact my attorney. Should I wait and be patient? Or should I seek other counsel to resolve this matter?

Attorney Answers 5

Posted

Try contacting your attorney. I have had clients complain about not hearing from me, only to realize they never left a message on my service or with anyone at my office, or were calling the wrong number, or that I got in the middle of a case and lost my message sheets. If a few messages do not work, please send a letter.

The law office of Anders Ferrington 601-316-8428 practices state wide. In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but instead need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice.

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Posted

If you are not pleased with your present attorney, you should seek other counsel.

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Posted

If phone calls and letters haven't worked, have you tried camping out in your attorney's waiting room until your attorney either saw you or someone in the attorney's office gets the attorney on the phone?

One thing that was not addressed in your post was whether you had paid the attorney in full for his services. If not, or if there is a disagreement with the payment of your attorney for services, you may need to address that issue with the attorney as well.

No attorney-client relationship has been formed by this answer. The answer given herein should not be your only inquiry into the matter or issue. You should schedule an appointment and seek the advice of an attorney to fully explain the facts so that the attorney can make an informed analysis and recommendation concerning your problem and advise you of all of your rights.

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Posted

I agree with the other answers. You say that the petition has been filed for 90 days, but you don't say how long you've been out of contact with your attorney. If your attorney is a solo practitioner, then he/she may be in a trial and unable to get back to you right away. But, if it's been over a week, then you need to send a letter to find out what's going on, and you may want to interview replacement counsel.

Best Wishes

This advice is based upon limited and hypothetical circumstances. For an answer that is specific to your situation, please consult an attorney. The answering of this question does not create an attorney/client relationship, and the poster should seek additional information from qualified legal counsel. Many attorneys, like ours, offer no-cost consultations.

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Posted

You should send your attorney a written message to contact you. This site shows you are in Madison County. If so, there are two judges that travel over several counties. They hold certain ex parte days in each county. Plus the annual bar conference was held last week out of state and many attorneys and judges were in attendance at that matter. Given your facts, 90 days without final judgment is not unreasonable for a traveling district but I understand it can be frustrating without an update from your counsel.

My response in no way creates an attorney/client relationship. I am simply seeking to offer some insight into the situation with the limited facts given. It is not to be held as direction on what to do and the answer could be different given slight changes in the question.

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