Attorney Question

Updated on May 19, 2010
M.G. asks from San Jose, CA
6 answers

I ended up with an attorney during the worst part of just giving birth and going through postpartum and now want different representation. I took this attorney because my family said so and that he was recommended. During the time the attorney repeatedly said to me that my case wasn't anything special and once told me to shut up when I was only trying to understand the law. He has over 20 years experience and I respect this fact, but I feel that this attorney isn't right for me in the way of helping me understand the law and informing me of my rights. How can a person who has no background in the field understand and get through it all? What makes a good attorney good and do you really get what you pay for in legal representation? At the last court appearance the child support and details were set on record and the attorney shook my hand saying that if I needed anything to let him know. Does this mean that the case has ended? I'm interested in finding another attorney, but is there some sort of protocol that I need to follow?

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Thank you for the responses because they've helped tremendously! I have gained better insight as to what to do and how to go about doing it.

More Answers

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G.B.

answers from Tulsa on

Why do you need to understand the law? Which laws? Could you be more specific? To be honest attorneys have such limited time and most cases are just so short and take only a certain amount of time. When you press them for more time by asking questions they really don't think you need to know the answer to they just kind of blow you off. They have more clients waitng in the wating room or in court so they are usually in a hurry.

A lot of times you really need to contact the actual agencies for the information you want. For instance if you have questions about your child support enforcement or other issues with child support you can call the state child support enforcement office and get just about anything answered by your worker.

If you want another attorney then call around and find one, make an appointment and visit with them about what you are talking about. If you feel more comfortable with the new attorney then they can write a letter to the old attorneys office and request copies of all the records.

2 moms found this helpful
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S.D.

answers from Grand Rapids on

if you don't like the atttorney i would find another one. My husband used an attorney in his divorce that was a good divorce attorney, for couple's without kids. so in the divorce the attorney did a lot of things wrong when it came to my stepson. We has lived with all the mistakes and it's been 7 years since the divorce, and my husband is still battling some of the mistakes and trying to make things the way they should have been at the beginning.

if you aren't comfortable i would definatly ask around. Think about and make a list of what things are most important and find an attorney to match those. Such as a track record with child cases. willing to liten and work with you, not making it seem like you are taking up his time.

My brother needed an attorney and he was a flat fee attorney, but whenever my brother called him and needed ANYTHING, the attorney made it seems as if my brother was his only client. That's the type of person you want. Because those type are showing you that they respect you and your time, and are willing to work with you to get through things.

1 mom found this helpful
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L.D.

answers from Las Vegas on

You definitely have the right to shop around for new attorneys and, once you find one that you like and feel comfortable with, substitute your preferred attorney for your old one. It's up to you to be an informed and selective consumer. If you don't feel that the attorney that you currently have meets your needs, then definitely find one who does.

1 mom found this helpful
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S.S.

answers from Chicago on

I am not sure what you had/needed an attorney for? Was it related to this pregnancy? Were you ever married? Is the child support fair or being paid? Is it for this child or another? Did you ask the attorney if the case is over? Do you have papers pointing to a conclusion? Whatever it is for, call your town or state's legal hotline and interview a couple of other lawyers. They usually have free consultation in the beginning. Any attorney that tells you to shut up is definitely not an attorney I would pay my hard earned money to.

1 mom found this helpful
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M.P.

answers from Portland on

If you're not comfortable with this attorney then you should look for a different one. If you were in the middle of a complex case I might suggest otherwise.

Perhaps it would help if you realized that attorneys have an hourly fee. If you've agreed upon a price then you are limited to a certain amount of time.

When he shook your hand saying that you should call if you need anything I would take this to mean that he thinks he's completed whatever you've asked him to do. Did you hire him to take care of child support and details or is there something else that you want to have happen?

You can learn much of what you need to learn about the legal process in which you're involved by talking with the agencies which will administer the court judgments. You can ask questions about their involvement before you have an actual judgment. You can also get information from the Internet. It may be that an attorney will be better able to answer your questions if you already know some basic information.

Another source for information is the library. You're getting a divorce. Look for books and Internet info on divorce. It would probably help you to read up on the general dynamics of divorcing as well as how the laws in your state relate to your situation.

Look for a support group of people involved in processes similar to yours. You can probably find groups by googling such and such support groups.

Counseling will also help you deal more effectively with your situation. Many counselors have had experience with divorce and child custody and can walk you thru the process. Counselors sometimes have a list of attorneys with whom they've had experience. They will not usually recommend one specific attorney but will give you several names from which you can choose.

Your attorney can also better answer your questions if you think them thru and write them down. Are you saying that you're at a loss about where to begin? If so, write down your ultimate goal. It sounds like in this instance it was to have your ex pay child support. Perhaps you started with wanting court ordered custody. Did you hire this attorney for your divorce as well as child custody and child support?

Some attorneys are very good about explaining while others want their clients to mostly trust them to get the job done. Interview prospective attorneys and ask them if they are willing to explain things from scratch.

Also, some attorneys are good at handling their clients emotions while others are not. From your description it sounds like this attorney was not able to deal with your emotions.

You can find support people including a lawyer by talking with other people, calling listings you find in the Yellow pages or on the Internet or read in a neighborhood association newspaper. Then, make an appointment if they are offering what you are looking for. Most first appointments are free or have a lower charge then subsequent appointments because their purpose is to find out if they can help you.

The way you know an attorney is good and if you get what you pay for is for you first to know what you want and be able to verbalize it to the attorney. Then when you hire him the two of you outline what you expect from him that he's able to do for you. You don't need to know the law or your rights to know what you want. Tell him/her that and then (s)he will tell you if that's possible.

You may not need an attorney at this time but it would be good to have one in mind in case you need one in the future.

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R.W.

answers from San Francisco on

I am confused...
But it is an attorneys job to keep you informed of what is happening. If you were paying him for his time, he needed to to answer your questions. It doesn't sound like he did.
The whole handshake thing sounds like it is done...but he needed to explain better.
He said if you "needed anything" to let him know...well, what you NEEDED was to know what was going on.
Find an attorney that you trust, who listens, explain the situation and have the files transferred to that person, in case you need further services.

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