Denver, CO asked in Family Law for Colorado

Q: What do you recommend I do when my family law attorney replaced himself with an inadequate non-FL attorney?

My family law attorney emailed me 20 hours before a child support modification hearing to inform me that a personal reason would prevent him from being at the hearing but that a friend of his would represent me instead. His friend was not a family law attorney and did a terrible job in court. While the law was on my side, the judge ruled in my ex-wife's favor on some of the issues in which she lied and the substitute attorney did not cross exam her because he did not bother to listen to me explain the details prior to the hearing. The judge did rule that she had to pay my attorney fees, but I am not happy with 3 of the 10 rulings. The original family law attorney is not accepting any of the blame. He defends his friend and said I should be happy with the results and will not file a Motion to Reconsider.

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1 Lawyer Answer
Stephen J. Plog
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Answered
  • Tampa, FL
  • Licensed in Colorado

A: The problem is that you went forward with the hearing. It would have been perfectly okay to ask the judge to continue to allow you to obtain a different attorney of your choosing. I recognize that you didn't perhaps understand this at the time. Realistically, the attorney should have presented you with the option of seeking a continuance under the circumstances, rather than forcing you, at the last minute, to proceed. I would talk to the attorney about your concerns and potential return of fees expended. In terms of the court, there is no "ineffective assistance of counsel," as there might be in a criminal case. You might want to consult with an attorney to see what, if anything, can be done regarding the child support matter.

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