My attorney is holding my case hostage!

continued for my post below....

You mention you gave her $20,000 - did you ever break that down by her hourly rate to know how many hours it is she has put in on your case?

I charge $250 an hour, $20,000 is 80 hours of work for me, two full weeks of 8 hour days for a normal working person - that is not a whole heck of a lot of time over a few months period. It goes fast.

I can help a client prepare for a deposition and between the prep before the meeting, the meeting itself and then the notes documented and further prep based on the conversation had in the meeting - there is 8 or 9 hours right there - $2000 can get eaten in one day, and it was a very productive day. Then the deposition itself, will cost the same IF we can manage to get it all in in one day - so there is 4 to 5 thousand dollars right there and my client isn't even close to getting into a courtroom yet, and I've only done the minimum of what I have to.

Point is, contested, ugly divorces from complete jackasses are expensive - you either pay attorney fees, or you pay dearly in court going it alone not knowing what you are doing. You are better off paying a professional on the front end to make sure the back end has a satisfactory result (even if it takes a long time) instead of cutting corners and cost, and losing at the end because you didn't do something right. All the money you think you are saving will be equal or less than what you stand to lose at the end of all of this even making one minor mistake on your own.

the saying you get what you pay for, applies.

No attorney can predict if a case is going to get ugly or take a lot of their time until they get into it. Attorneys don't take on too many cases (with the exception of court appoints)  no matter what they can't be at every client's beck and call.

Here is the thing, you can't have an attorney on record helping you but also make your calls yourself. The only way you can make the calls yourself is if you have no legal representation what so ever - that is the only way his attorney would be able to speak to you. It's the law. Even the assistant attorney who you want to pay by the hour for help as long as you have a full blown attorney on your case - his attorney legally can not speak directly with you, set up anything with you - nothing. It's unethical and can be considered compromising the case.

You can have a paralegal help you out with research & paperwork, but you will not be able to have legal representation at any deposition, court process or otherwise if you want to be able to speak to his attorney directly.

What you aren't understanding, is that your bill going up - all the calls etc - are not your attorney's office's fault - it is apparent that HIS side is the one that is stalling. You might want support and him out of the house, but if it is something he doesn't agree to - there isn't anything your attorney's office can really do about it to push it forward. You can't want your attorney's office to demand action from his side, then get upset about the bill you get for them trying to get a hold of your stbx's counsel to make it happen.

Your attorney would have to contact his attorney to set up a mediation to discuss it - if they don't want to, they don't have to. His side is stalling & waiting for a judge to tell him what he has to do. He has that right. Your attorney would also have to contact his attorney to agree to a court date - his attorney can say he is not available for 6 months if he wants to, for his client's interest.

Hi. I wasn't intending to go it alone.  Only to stop the unnecessary crap that seems to go on, making my bill much larger than it needs to be.  for instance.. it took 6 phone calls back and forth to get his attorney to finally set a date for his deposition.   At least, now I CAN MAKE those phone calls.  She will still be at the deposition, and all the important stuff.  I will be in control of where the money goes, at least.   They have charged me hundreds of dollars for consultations between the attorneys in the office!   At least now, if they want a conference, i will be included for the same money!  there is no reason that I can't do much of the work.  Why do I need to pay someone to make 25 phone calls, and then spend additional time e-mailing me about it?
I have no choice here. I am out of money, and they won't take a contingent case.  I told her how much money I had, and how much i could spend before I am out of money. I told her that I needed to get support, or him out of the house, so i could rent my quarters out, and she has not done what she said she was going to do.  Here it is 7 months later, and still nothing.  How am I supposed to keep paying, without getting support or help?   The house is in my name, and I can't even get into court to get the judge to make him pay at least half!   This has been going on for almost 2 years now.  I have spent all my own money supporting the mortgage, without him having to pay anything!  I told her, if she wanted to get paid, she needed to find a way to get us into court.
What other options do i have here? It's not like she hasn't received $20,000?

As I see it, these attorneys take on too many cases, and handle them on a "fire drill" kind of mentality.  Do what is needed at the time, and nothing more until the next firedrill arrives.   This time, it was her firedrill, because the money ran out.  I feel like I am being pushed and pulled from both sides, with no one on my side.

You have a nasty ugly drawn out divorce filled with financial issues, adultrey and potential felony (I'm assuming) counts on your husband's part and you actually think you want to represent yourself?

If you aren't even sure what it is called, you are not going to be able to handle all of the legal wranglings that your case is going to throw at you.

 

What your attorney did was completely ethical and coming to be the norm these days so that you are ensured you are represented throughout the entire process - any money not used from the trust is returned to you, it is actually a protection for you.

You can't expect your attorney to not charge you for phone calls, letters, research etc - divorce, when contested and a lot of assets are in dispute - is expensive. Since you have no idea what representation in a case like this entails, how can you know you are being overcharged?

If your ex is disputing items in the divorce and causing all sorts of problems, it isn't your attorney's fault the cost is skyrocketing. It's his.

Not only has firing your 2nd attorney put you at a disadvantage as far as how your case is handled, you are now facing a problem in court where you are considered hostile and hard to work with by the judge - people who switch several attorneys anger judges. You slow the case, and they have less mercy on you.

There is a large chance the asst. attorney will not work with you, if he or she is even allowed due to you firing the primary in the firm.. What guarantee do they have for payment if the hours they put in, you dispute? You already have a history of it.

If you go into court unrepresented, his attorney will take total advantage of your lack of knowledge. The court will not take it easy on you because you are pro se - in fact, the standard for you will be set higher, because if you want to take on the task of being your own attorney, the judge expects you to know the law.