Legal Question in Family Law in Michigan

Attorney milking case, may have alcohol problem and performance is poor

We are in the middle of a relatively simple divorce case and I feel I am not being represented in a professional manner by counsel and my side is not being brought up with enough detail, speed or attitude befitting my needs. The opposing attorney is really putting it to us and I feel my attorney is in over his head with simple stuff. To date I have done quite a bit of his leg work and am being billed excessively for the services. I complained to his secretary and she said I was not the first to complain .Should I confront him while seeking a better or stronger attorney for my case? Should I complain to the judge or to the local bar association? I feel like talking to the opposing attorney because mine seems so weak, but fear I could really be on the short end there, too. What should I do first, next and last? I want to find "the best in town" but don't know how to go about this. Please Advise


Asked on 2/21/98, 8:52 pm

2 Answers from Attorneys

Thomas Loeb Law Offices of Thomas M. Loeb

Attorney milking case?

If you haven't yet talked to him directly, then do so first, by all means. If you are not completely satisfied with his response,or if he puts you off,consult with another attorney asap. Many attorneys will allow for free consultation, if that is a concern. Do that first, before taking your complaintto the Judge or Bar.

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Answered on 2/25/98, 11:19 am
Stephen Scapelliti Law Office of Stephen Scapelliti, Esq.

Attorney Performance

It is impossible to tell in a brief communication such as this whether your circumstances are evidence of a problem. It is not unusual for clients to do some of the "legwork", because they often have the best access to documents and facts. Moreover, if you have expressed concern over the cost of litigation (and it does tend to cost a lot), then the attorney could be trying to keep your bill down by having you obtain documents, and other items. Understand that very few matters are as "simple" as they seem. If the attorney is taking longer to do things than you think that he should, then you should meet with him and discuss your concerns. If he does not meet with you, or if he does not satisfy you that he is performing in a professional manner, then you should get a "second opinion", which many attorneys will do for free. Have a copy of all of your court filings available, so that the second opinion attorney can have something to evaluate. Communication with your current attorney is the most important aspect of the relationship. If you don't tell him what you want, or if he does not counsel you and tell you what he is doing and what you should expect, then the relationship suffers, and your case could suffer. Keep in mind too, that the other attorney might be "putting it to you" due to the facts of the case. Your attorney cannot control the facts. If the other attorney is "scoring points" on contentious issues, then the case might not be as "simple" as it otherwise appears.

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Answered on 3/12/98, 12:05 pm


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