my lawyer is holding my custody papers , how do i get them, can i fire her

by Jordane Miller IV 3 min read

Don't get into details about why you're firing the lawyer; it's not relevant. In the letter, request all of your files. Or, if your new attorney is handling the transfer of files, ask your old lawyer to cooperate with your new lawyer in this respect. Set a deadline for handing over the files, and detail how you want to receive them.

Write a termination letter.
Ideally, this should be a formal letter sent by certified mail to the lawyer's office so you have proof of delivery. You must request that your file (including all documents, evidence, pleadings and other materials) is sent to your new attorney.

Full Answer

How can a father’s lawyer help me in my child custody case?

Nov 29, 2010 · You would need to call or go down to the courthouse where the custody papers were filed. Ask to speak with the civil clerks and bring your case number if you have it handy. How immediately you could get the papers may depend upon how old the case is (the clerk may need to access storage in order to get and copy the records).

How can I lose custody of my child?

Aug 12, 2014 · Yes, you need an attorney. John Taylor Hopkins IV. 4.9354838709677 stars 31 reviews. Child Custody Lawyer | Decatur, GA. Posted on Aug 12, 2014. I bet that if you get lawyered up you can leverage him into signing the passport application. CSS isn't going to do it and he knows that because he has beaten them twice already.

What do some parents want in a custody case?

Oct 24, 2011 · Under the Rules of Professional Conduct (RPC), rule 3-700 requires the attorney on termination of their representation to return all client papers and property on your request. Under RPC 3-500, an attorney is required to comply with reasonable requests for information and copies of significant documents when necessary to keep the client ...

What can hurt your child custody case?

With that being said, in the vast majority of cases you cannot fire your attorney without compensating them for the legal services they provided (even if you signed a contingent fee agreement). If you fire your attorney without paying the money owed, the fired attorney will likely place a lien on any settlement/judgment that you receive.

How do I write a letter of termination for a lawyer?

RE: Termination of Legal Services Dear Mr. Lawyer, I have decided to terminate our current legal relationship immediately and have accepted legal counsel elsewhere. I am terminating this relationship because I have been calling your office for three months and have received no updates on my case status.

How do you fire your attorney?

If you decide to fire your lawyer, the best way to do it is in writing either via email, mail, or text. Your termination notice should let the lawyer know the reason for the decision and should also give instruction as to where to send a copy of your file.Aug 10, 2021

Can you request your files from your lawyer?

You can ask your lawyer to send the files directly to you or your new attorney, in which case the safest way to make the request is in writing, via letter or email.Apr 9, 2015

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

Why do lawyers ignore you?

There's bad news your attorney doesn't want to deliver. If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.Mar 29, 2021

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

Is it normal to not hear from your lawyer?

Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.Oct 25, 2018

Who owns a client file?

Categories of document original documents sent to the firm by the client will continue to belong to the client, except where title was intended to pass to the firm. documents sent or received by the firm as the agent of the client belong to the client.

What is an Iolta account used for?

IOLTA – Interest on Lawyers' Trust Accounts – is a method of raising money for charitable purposes, primarily the provision of civil legal services to indigent persons.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

How do you write a complaint letter about a lawyer?

Formal complaint against [name of lawyer or law firm] describe what the lawyer had been hired to do for you [for example dealing with the sale or purchase of a house] • say when this was [give the date or dates when the problem occurred]. My complaint is that [list what you think went wrong or wasn't done properly.

How do you know if a lawyer is scamming you?

Some common signs of a scam include:Payment needs to happen quickly. You can't ask questions or get clarification.It's an emergency. Someone may threaten you or your loved ones.Requests for money usually happen over text, email or phone.The person contacting you is not someone you recognize.Mar 29, 2021

1 attorney answer

First of all, what an ass he is. To prevent his children from taking part in a trip to London is pathetic, You cannot "drop" his child support order. GA law does not allow for that. Has he established legitimacy? If not, you in fact have sole legal and physical custody of the children, but there is no document that says so.

John Taylor Hopkins IV

First of all, what an ass he is. To prevent his children from taking part in a trip to London is pathetic, You cannot "drop" his child support order. GA law does not allow for that. Has he established legitimacy? If not, you in fact have sole legal and physical custody of the children, but there is no document that says so.

What to do if your attorney fails to comply with the law?

If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office.

Can an attorney hold a file hostage?

She/He must return your entire file within a reasonable time even if you owe money. An attorney can not hold hostage your file.

What do you need to know before hiring a personal injury lawyer?

Before you hire an attorney, you’ll sign a contract that sets forth the lawyer’s fees. Most personal injury lawyers work on a contingency basis, which means they get paid a percentage of the damages you receive. However, they’re also going to charge you for additional expenses that come up while the case is in process.

Why is my lawyer not returning my calls?

Reason #1: Your lawyer isn’t returning your calls. Lack of communication is a big problem for some law firm clients. Yes, legal practices are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it. There’s no excuse for not returning phone ...

How to terminate a contract?

Hire a new lawyer first, and then fire the old one. Write a termination letter. Any time you modify or terminate a contract, it must be in writing.

What is zealous representation?

Your lawyer has a duty to pursue your legal action with zealous representation. That’s legal-speak for the concept that the lawyer should do everything that’s reasonably feasible to advocate for, or represent, their client. Almost every law student is taught about zealous representation in law school, but some might forget or become less motivated as the years go by.

Can a lawyer lie?

Your lawyer is also bound by the laws in your state and their code of ethics. You can’t expect them to lie, nor can you expect them to cover up evidence (or fabricate evidence). Doing so would put them in a position that could jeopardize their career, license, and reputation.

Can you return a phone call?

There’s no excuse for not returning phone calls or emails within a reasonable amount of time. Be aware that your calls might be returned by an assistant or paralegal — you might not always be able to get your lawyer on the phone.

What can an attorney do for a child?

An attorney can also use their experience to present your case before the judge in a clear and compelling fashion and communicate with the other side so that personal emotions don’t get in the way of what’s best for your child.

What is the impact of child custody?

A child custody case can seem like a maze of legal paperwork, court dates, and visitation schedules; missing even a single detail in any of these areas can have a negative impact. Simply put, your relationship with your child is too important to risk letting that happen in a child custody case.Instead, you should look for an experienced family law ...

Is divorce hard to handle?

Posted by Matthew Myers on June 15, 2016. When you’re going through a divorce, it can be hard to handle the stress and emotional turmoil. Often, the legal aspects of divorce tend to get tangled up with the emotional and personal issues that led to the end of the relationship, and arguments over child custody only complicate the situation further.

When and Why to Fire Your Attorney

In most cases, clients have the ability to fire their attorneys at will. But you should not fire your attorney before giving careful thought to the timing and your reasons for doing so. Consider other possible solutions and the possible ramifications. Before taking any action, ask yourself these questions:

Steps to Take to End Your Lawyer's Representation of Your Case

Once you've definitely decided to change attorneys, there are still a few things you should do before notifying him or her of the change.

What happens when you lose custody of a child?

Losing custody of a child during a divorce or parentage proceeding often results from bringing the issue to the Court's attention. A parent who alleges physical child abuse against the other parent typically files a request for order. This request includes a declaration and supporting evidence of the abuse.

What does a family law judge do?

At a hearing, a family law judge determines whether there is sufficient evidence of abuse and makes appropriate orders. A judge may believe a child custody investigation or private child custody evaluation is necessary. If so, he or she may appoint a private child custody evaluator or a child custody investigator.

What is a request for order?

The request for order is sometimes filed as an emergency application if the parent needs immediate orders. An emergency application requires the child or children to be in imminent threat of harm. If there is no imminent threat, a regularly noticed request for order is filed.

Is it dangerous to have a false allegation of abuse against a parent?

A parent that makes a knowingly false allegation of physical or sexual abuse against the other parent is just as dangerous as a parent that abuses a child . False allegations of abuse against a parent is a proper reason to lose custody of a child.

Can domestic violence and child custody collide?

Domestic violence and child custody sometimes collide in a family law case. And when they do, much of the focus becomes whether there has been a finding of domestic violence against the accused parent and, if so, whether that is a sufficient reason to lose custody of a child.

What does it mean when a child is malnourished?

If a child is malnourished, he or she may look very thin, lack energy or become ill more often than what is normal. That, by itself, may not be apparent to anyone but those who see the child on a frequent and regular basis.

Can a parent make decisions without consulting with the other parent?

Assume a parent makes significant decisions in a child's life without consulting with the other parent even though both parents share joint legal custody. This includes major medical decisions or educational ones such as changing a child's school.

How to determine how not to behave during custody battle?

To determine how not to behave during your custody battle, it is helpful to review the criteria used by the judge (“court”) to determine appropriate placement of the children. The court is charged with the responsibility of evaluating the situation to determine what placement and parenting time is in the child’s best interest.

What to expect from your mother during custody battle?

In particular, expect your children’s mother to point out all negative behavior during your custody battle. If you behave as though the judge were standing next to you each time you interact with the children or their mother, you will certainly avoid the pitfalls that will reduce your custody chances.

Why is divorce so hard for kids?

Divorce is a difficult time for children. It is hard for them to grasp the idea that their parents’ love for each other can simply end. Things are even more difficult when it becomes clear that the love transferred to a person that is not the child’s mother.

What happens during difficult times?

These difficult times often cause a person to act or react irrationally and in ways that detrimentally affect his or her case. You should be aware prior to court proceedings that the court will evaluate your behavior in its entirety throughout the proceedings and always behave accordingly.

Is it a crime to make physical contact with another person?

Making physical contact with another person in a harmful or offensive manner is a crime. Some states call that crime “battery” others refer to it as “assault.” Whatever the term, it is criminal.

What does it mean when you yell at your wife?

When you yell at your wife or your children it often gives the appearance that you are being abusive or bullying them.

Do you expect friends to talk to both parties?

Keep in mind that your friends now are likely friends that were shared by both parties at one time . You should expect friends to still talk to both parties. Assume comments you make will get back to your wife.