I hired an attorney October 2010 for a child custody case against my ex-wife. April 2012 he says he can no longer represent me due to a conflict of interest. He represented my ex-wife in 2006 in a criminal case I had against her for Assault. When I asked him why he didn't know he said it happened so long ago and he only keeps his records 5 years of former clients. I did the math and I hired him three years after the case. His office has only filed three motions with the court and we never had a court date in the year and a half since I hired him. During that time he was difficult to contact and I have several emails him asking what was taking so long with my case. The answers would always be they were waiting for my ex's lawyer. Now I have to find another lawyer and do not have the money.
You should write a letter by certified mail, return receipt requested, to request a total refund of any money that you paid to the attorney. The attorney should never have accepted your representation under the circumstances. Also, you state in essence that his service was spotty, which could be interpreted as an indication that he intended to prejudice your rights.
If the attorney refuses to refund your money, consider filing a grievance with the Texas State Bar. You can review the grievance process at the following web address:
State Bar of Texas grievance process web site:
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