What are my options if my attorney did not file divorce but I paid him full 7 months ago? 8 Answers as of July 03, 2013

I paid an attorney his retainer in full 7 months ago to file my Divorce. The amount paid was to cover the filing fees etc to the state as it was a relatively simple divorce as far as assets etc. were concerned. I have a receipt showing payment, but there has been little or no action on their part and the divorce is not filed with the state. After repeated calls to their office I encountered the paralegal who decided I was rude and didn't want to be cooperative. I have been more than patient and have tried to heed my lawyers advise when he gave it. I leave multiple messages at the office to no avail, I email on a regular basis with no response. The divorce is not filed as of today with the county. Who is he accountable to? if I were fired as a client wouldn't he have to tell me?

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Law Offices of Jill K. Whitbeck
Law Offices of Jill K. Whitbeck | Jill K. Whitbeck
You should have a contract, called a retainer agreement, that outlines what the attorney was supposed to do for you. Whether you do or don't, under the circumstances you should probably fire your attorney and demand a 100% refund of your retainer fee within a reasonable time (3 days). If you don't get your money back, file a formal complaint with your State Bar. While that is pending, get a new attorney to proceed with your divorce.
Answer Applies to: Nevada
Replied: 7/1/2013
Law Offices of William Geary Co., LPA | William Geary
Call the bar association in your county or the Ohio State Bar Association and report this to them.
Answer Applies to: Ohio
Replied: 7/1/2013
Cantin Lawyers PC | John Morris
It's a grievable offense for an attorney to accept money for a matter and not do the work. File a complaint with the state bar association.
Answer Applies to: Connecticut
Replied: 7/1/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
File a complaint with the bar association. That will get you some needed attention.
Answer Applies to: Idaho
Replied: 7/1/2013
David A. Browde, P.C.
David A. Browde, P.C. | David Browde
You should ask for a refund, and, if it isn't provided, file a fee dispute through your local judicial district's fee dispute program.
Answer Applies to: New York
Replied: 7/1/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    This is very very wrong.
    Answer Applies to: New Jersey
    Replied: 7/3/2013
    Glenn Milgraum PC
    Glenn Milgraum PC | Glenn P. Milgraum
    If you are unable to work it out on your own... A certified letter return receipt requested to your counsel advising him/her that if your divorce is not filed by __________ (fill-in the date, but be reasonable) you will be contacting the local grievance committee to file a Complaint, will usually result in some action. If not, follow through and file a complaint with your local grievance committee.
    Answer Applies to: New Jersey
    Replied: 7/1/2013
    Catchick Law, PC
    Catchick Law, PC | Matt Catchick
    A 7-month delay to file a Divorce Complaint seems WAY too long. If you are not receiving prompt responses or good service from your lawyer, you may want to consider interviewing other Family Law lawyers to find a better fit. There are many excellent Family Law lawyers throughout the State. If you find a more responsive lawyer, hopefully they can coordinate with your old lawyer to try and secure at least a partial refund of your retainer (depending on how much work your old lawyer claims they did on your case).
    Answer Applies to: Michigan
    Replied: 7/1/2013
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