firstwivesworld - How To Divorce Your Divorce Attorney - Comments

COMMENT TO THE DIVORCE ATTORNEY

Guest — Tue, 05 Aug 2008 14:02:53 -0400

Dear Divorce Attorney, I read the agreement and did my own research which proves that I have been misrepresented and my attorney took advantage of me when I came and shared my sad story. I have been triple charged for his work, as instead of spending 1 hour to write a motion he bills for 2 and spends just 10 min, and plus he has been extra accomodating to my husband and his attorney. It looks like after owning $14 K in attorney fees, "my husband now suddenly does not have that much money". Any ideas on how to end this nightmare in Kings county, NY? Also, any ideas on how to dispute the triple charges on the bill (which was never detailed by the way)... Since I lost $90K in the possible settlement on this case (as this is what I was promised my attorney would try to go after) I do not feel that I owe him anything other than a retainer which should be returned because he obviously aided the other side to have the time to shelter safely all the money he had when we first started this divorce. Any ideas about what to do with a some what dishonest attorney?

Divorcing your Divorce Attorney

Guest — Fri, 11 Jul 2008 13:14:23 -0400

As a divorce attorney, I agree many of these tips are useful. However, it is imperative to remember that the legal process, especially civil matters, takes time. It is rare that a divorce happens within 30 days or less. Divorce is an emotional time for all the parties involved. It is the job of the attorney to guide their client through the legal and business matters of divorce, not be an emotional counselor or support system. While there is a lot of hurt and anger in the divorce process, a therapist is the best person to contact with the emotional baggage. A therapist is trained in those matters and are usually less expense then an attorney. Attorneys, especially associate attorneys, have to charge the client every time they talk to the client even if the attorney has nothing to report. I always advise my clients to talk to my assistants. In many cases, the assistant can answer questions or they have to ability to ask the question and get back to the client in a faster matter. They are also billed out at a less expensive amount. As an attorney, I spend a lot of time out of the office in court. I have about 100 files and it is not always feasible to get back to my clients immediately. Many people walk into a divorce angry and hurt. Those feelings are understandable. However, the legal system is not an effective manner in which to express those emotions. 90% of the time when parties end up litigating divorce issues, neither party ends up happy. Always remember the more the parties argue, the longer the process takes and the higher the attorney's fees become. When a person is in a situation where they are battling with a spouse, sometimes it is just as important to recognize everything the litigation costs, not just the assets they are fighting over. A person must decide if it is worth fighting over an asset that will end up being worthless after all of the attorney fees and other costs are paid. Another expense that is also overlooked is the emotional expense. It is hard to move forward with your life when a divorce is hanging over your head. Sometimes, the benefits of moving forward outweigh the value of an asset. An attorney is not a miracle worker. Every state has different laws regarding the division of assets. Unless protected by pre-nuptial agreements or not held as a martial asset, the assets will have to be divided. This is the time to compromise with your spouse. Marriage is about give and take and in many respects, so is divorce. I always ask my clients to outline what they would like from the divorce and to prioritize what is the most important items. Then I proceed to give them a generic outline of the law and what may happen in their case. Unrealistic expectations should be addressed as soon as possible. In regards to attorney bills, an attorney is likely to keep your file if you don't pay the bill. Clients are entitled to monthly billing and if you don't receive a bill, contact your attorney and request one. This way you can keep track of what has been completed, what is going on and how much of the retainer has been used. It is also a way to check for double charges and other mistakes that might be made on the bill. It's also the time to question the attorney about the charges on the bill. I do not recommend waiting until the divorce is complete or the attorney is in front of the judge requesting attorney's fees. Keeping track of billing statements is also an effective means of finding out what is going on with the divorce. Lastly, remember that as a client, you will be paying for the services of an attorney. This can be costly. An attorney should provide the party with a retainer agreement that outlines the hourly rates and how the client will be billed. It surprises me that most people don't fully read this agreement prior to signing and even worse, they don't ask questions.

hang in there!

Guest — Mon, 24 Mar 2008 09:09:38 -0400

as a man, it sounds like your spouse is a louse.. i feel for you.... losing a big chunk of your assests to a loser onluy hurts more.... but you only live once and u cannnot put a price on freedom.. besides, u sound like a winner and winners always find a way back to the top. 12 years is more than enough time to right your situation and save for a nice retirement... good luck

fire my attorney

Guest — Fri, 21 Mar 2008 03:00:55 -0400

I sighned an agreement with my lawyer to be billed monthly and after 8 months I get my first billing and it is 1.5 times higher than my retainer and I am no closer to being divorced. This lawyer tells me he has no idea what the judge will say or do. I feel like dropping the divorce all together cuz it is putting me in a hole i might not be able to climb out of by the time I retire in 12 years. My husband has 30 years till retirement and is in drug court and has moved in with a married woman and is fighting for all he can get. My home was purchesed from sale of first home but we build a shop on the property after we were married and I still have loans out on that. Old tired woman

did you fire your attorney?

Guest — Wed, 19 Mar 2008 17:03:43 -0400

I'm thinking of going pro se. Has anyone else done that? Was it a good choice? I'd appreciate advice.

very helpful

Guest — Tue, 18 Mar 2008 22:55:55 -0400

great stuff - keep it up!!

How To Divorce Your Divorce Attorney

Laurie Puhn — Mon, 07 Jul 2008 09:14:48 -0400

Have you tried to reach your attorney and he or she won’t come to the phone? Are you not sure you attorney is representing your best interests? Sometimes the only course is to divorce your divorce attorney.

Here are five reasons to do it:

• Personality Clash. Maybe your attorney’s brutal aggression and blunt attitude was exciting when you met, but now that the whip’s been turned on you, it doesn’t feel so good. Plus, your attorney is making your husband’s attorney angry, turning the judge against you, and making the whole case run on and on. You just don’t like your attorney and don’t want to work another day with him or her.

• Mishandling the Case. You’ve gotten a second and third opinion on your case and have discovered new strategies and cost-saving ideas that your current attorney ignores. You don’t want to waste another minute or dime hitting dead ends.

• The Never-ending Case. The divorce negotiations were moving along fine, but now, things are stuck. You can’t get a straight answer from your attorney about what’s holding things up, and that’s if you can get a call through. You think your case has been pushed to the side and, at this point, you’d rather find a new attorney, go to a mediator, or handle the case yourself, pro se, rather than pay this attorney for nothing.

• Too Much Money. Your attorney gave you an original estimate that now seems like a walk in the park. Costs have doubled (while the case is going as predicted) and your wallet is being drained. When you ask for an explanation of charges, the answer doesn’t make sense.