Divorce and ED not happening


#1

I have been in the process for 18 months with the divorce and ED. When I hired my attorney I paid for the whole package. The ED was already filed and she assumed the case. The house was in foreclosure and I needed him to sign an agreement to let me modify the loan (which was only in my name and ruining my credit). She said she would get with his attorney to get him to sign the agreement. Well 8 months later (and 9 requests asking her what was going on and why wont he sign the agreement) I am in forclosure court with him and he said he knew nothing about it and was never asked to sign an agreement. He signed the agreement with his lawyer the next day. I asked my attorney to prove that she contacted his atty and she sent me e-mails that had nothign to do with the house.
We paid the court fee’s for the divorce 2 months ago, she sent me papers to sign to have him served. My name and his were both wrong and they were dated 2011. I sent it back corrected and said that its not proper that my own attorney can’t spell my name. To this date, we still do not have a court date.

9 months ago, and 22 emails later (which she only replies after about 4 are sent) , she keep saying we will meet with his attorney for mediation (which he will never agree to pay for anything- ever). I have agreed 7 over 9 months to ANY TIME and she has never gotten a date set up. He says that his lawyer never hears from her- and he wont agree to anythign anyway.

I said I just want a judge to go 50/50. I don’t want to waste money for a mediator when he already has said he will not agree to pay anything. I am 40K in debt that is half his. I just want to go before a judge and get the 50% and get my divorce finalized.

I think my attorney has taken my money and done absolutely nothing for me, caused me to talk time off to go to forclosure court because she never asked for the agreement so I could modify and is not doing anything- but I can’t afford another one- I have already paid her. Can I get my money back from her? Can I report her to sue her for causing me to almost lose my house because she didn’t do her job? Can I finish the ED on my own and just ask judge for a 50/50 debt split?


#2

If you feel strongly that you have been poorly represented, you should contact the NC State Bar and make a complaint. There is also a fee dispute resolution program with the State Bar that may allow you to recoup some of your fees to hire a new attorney.