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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 08-29-2013, 06:23 PM
marivana marivana is offline
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Default what is better; changing legal aid lawyer or the lawyer choosing not to represent

A friend has a legal aid lawyer, it's been one year and the lawyer is continuing to respond to ex's issues only and hasn't even done case conference or fast motion for child or spousal support.
Friend was considering getting another lawyer but wasn't sure how she could get that, and now the lawyer even said she may not be able to represent my friend because of her demand. Demand: she is now pushing her lawyer - after waiting one year - to do a fast motion for child and spousal support before she discusses any issues about equalization of property etc.

Any recommendation on which is better for my friend 1) to try to get another legal aid lawyer (and how could that be done?) 2)let the lawyer quit and then look for another lawyer

Last edited by marivana; 08-29-2013 at 06:27 PM. Reason: adding information
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Old 08-29-2013, 07:23 PM
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Janibel Janibel is offline
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Quote:
Originally Posted by marivana View Post
it's been one year and the lawyer is continuing to respond to ex's issues only and hasn't even done case conference or fast motion for child or spousal support.

A year has gone by, your lawyer should have gotten a separation agreement for you by now. It might be a good idea to return to legal aid and request another lawyer to handle your case. Won't be very complicated since your first lawyer has very little paperwork to transfer. Also you could find your own as some lawyers accept LA clients. Shop around, it's your future after all.
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Old 08-29-2013, 11:00 PM
SadAndTired SadAndTired is offline
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Actually, when I qualified for legal aid they were incredibly clear that only in extreme circumstances would I be allowed to change lawyers. They recommended I interviewed a few lawyers before deciding and handing over my certificate. I assume this is because, in the past, people have switched lawyers to prolong cases, get more legal aid and cheat the system.

She can call legal aid directly to discuss her reasons why but she will have an enormously difficult time switching lawyers.

Last edited by SadAndTired; 08-29-2013 at 11:03 PM.
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Old 08-30-2013, 08:39 AM
marivana marivana is offline
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Thanks SadandTired. I know that it would be very difficult to switch, but what would constitute "extreme situation". Because under the circumstances when the lawyer is choosing not to fight for her own client's need, but only respond to the opposition. and even after one year, she has not not a single case conference and ask for order for disclosure, or ask for child and spousal support. Doesn't this constitute extreme situation.

A little background in case it helps: husband physically abusive, after several calls to police, trip to ER, wife still didn't say to police her husband did that, after such episode neighbors called the police and this time the bruises were all there and the wife finally said what happened, husband arrested on august something, still hasn't pleaded, wife has no money, stay at home mom, husband self employed and does contract work in IT. didn't look for work after last contract finished, we can all guess why.)
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