What can I do if my family law attorney did not handle my case correctly? 6 Answers as of February 11, 2011

Can I get a judge to carefully look at a case without filing a motion? Because there were things that were overlooked in my family law case and my attorney who I have already paid mostly all my money won't fight for me?

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Diana K. Zilko, Attorney at Law
Diana K. Zilko, Attorney at Law | Diana K. Zilko
A judge cannot review a case to check if your attorney has done things properly. Typically, if you are unhappy with your attorney, you can hire a new one.
Answer Applies to: California
Replied: 2/11/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
No the court can not make any orders or changes without a motion.
Answer Applies to: California
Replied: 2/11/2011
Goldberg Jones
Goldberg Jones | Zephyr Hill
No you cannot have a Judge review your file without filing a proper motion.
Answer Applies to: California
Replied: 2/11/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You should meet and consult with an experienced local Family Law Attorney regarding the specifics of your case.

You can't just come back in front of the divorce Judge and complain about your former attorney's handling of the case.

Whatever you might be able to do to minimize your losses or to right the wrong would depend upon the particular facts of your situation.

You might also consider consulting with a Malpractice Attorney if you suffered economic or other harm as a result of your former attorney's mistakes, bearing in mind that the Statute of Limitations on Legal Malpractice expires one year from the date you discovered, or should have discovered, the malpractice, so be diligent.
Answer Applies to: California
Replied: 2/10/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
No, a judge won't review your case absent the filing of a motion. Your best advise is to seek a new attorney who will work with you.
Answer Applies to: California
Replied: 2/10/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Unfortunately, this is an extremely common complaint. Unfortunately, it is often true. The bad news is that you cannot get review of any Order of the Court without filing either a Motion (e.g., Order to Show Cause, or "OSC"), an Appeal, or a Writ. You would usually be filing an OSC, or an OSC, re: Modification, to seek a different order. Or, you might file a Motion for New Trial, or Motion for Reconsideration. If there is information that has not been brought to the Court's attention, then you would want to be sure that you provided that as thoroughly as you could. The good news is that you can file it yourself, and that many Clerk's Offices offer a consultation with a staff Attorney, called a Court Facilitator, who will offer some limited advice and assist you with filling out paperwork. There are also often County programs, sponsored by local Bar Associations, that offer clinics for persons representing themselves (in propria persona).

    As for your Attorney, if you feel that the failure to do something he or she should have done, or the doing of something that he or she should not have done, amounted to malpractice, then you might want to consider filing a complaint with the State Bar. You can file it electronically on their website.
    Answer Applies to: California
    Replied: 2/10/2011
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