soon2bfree07
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Reged: 10/19/07
Posts: 203
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QUOTE "I will make a motion to strike my appearance on the day of trial if you do not pay me. The judge will then decide whether or not to grant my motion if the judge does grant the motion, it is likely that he will postpone the case to give you time to retain another attorney." QUOTE
part of an email I recieved from my atty!!! She waits until 2 1/2 wks before our trial date to ask for money when I just gave her a pymnt that she agreed upon back in Feb, and our hearing was postponed because the courts took a "snow day!" And then per a phone conversation we had last week, she agreed on an amount I could actually give her then she writes this email!!!! WTF?!!!
Oh, well, add it to all the other bills I owe!
This far in the process, can I go pro-se? Or can I ask for legal aid? Wow, when it rains it pours!
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Jada
Platinum

Reged: 06/02/07
Posts: 3501
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[quote] And then per a phone conversation we had last week, she agreed on an amount I could actually give her then she writes this email!!!! WTF?!!![/quote]
Unfortunately, without written proof, there isn't much you can do. Except report her to the Bar Association. Nothing may come of it other than a record of a complaint about her. Someone who researches enough may find it and decide not to hire her.
Your response to her would be to go over the verbal agreement. Start out:
Per our phone conversation on (list the date), we came to an agreement about an amount that you were actually able to give her. You are holding her to that contract.
She may cave or she may not. A judge may let her leave the case or s/he may not. But even if the judge refuses to let her excuse herself, what are the chances of her representing you in a way that is in your best interest?
You can either ask for a postponement and then go to court for a few days and observe (you can learn a lot about procedure this way) and start reading up on how to go pro se. Or hire another attorney. Which means coming up with another retainer.
And I wouldn't pay the other attorney. Simply tell her that due to her reneging on an agreement, you are forced to expend the funds that you were going to pay to her hiring another attorney.
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soon2bfree07
Platinum
 
Reged: 10/19/07
Posts: 203
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Thanks, for your reply! I am going to contact legal aid and other places in the morning. here is part of my response to her!
Well, then please file the motion to strike your appearance now. Why do I have to be subject to the humiliation of you asking to do that at trial?
I will write a letter to the courts myself asking for a postponement or deferrment,
I just cannot come up with that much by then.
I've got to ask why now, 2 1/2 wks before the hearing, you are asking for this.
If you had asked me back at our last hearing in March or even during our phone conversations, because that would have given me more time to get the money for you.
Is there no way you can wait til the hearing date, we've documented the fact that Mr. #### dissipated marital funds and we will get a judgement that day! And can't you ask the court to have Mr. #### issue you a check that day?
You told me that some of the money was in Ms. ####### account!
And per our phone conversation the week before, I told you I could come up with $### and you agreed to that! You didn't say otherwise.
My honest question to you now is that after months of requesting for the status of your services provided to date and total cost of attorney fees owed, you not once responded to my inquiries with the requested information. I have requested from you on at least nine occasions in the past 12 months for the financial commitment I have to you and to date I have received only one statement, your E-Mail from April 2007.
I have all the emails between you and I since you became my attorney and I can show you where I've requested the status of my account.
You knew from the beginning that I was relying on the settlement to make/present full payment to you and you knowingly (and willingly) took me on as a client.
Furthermore, prior to the last scheduledcourt appearance (Feb 22.) you requested for a payment of no less then $###, to which I provided to you on or about February 20, 2008. Since then, the services you've been required to provide to me have been minimal and I cannot fathom why you are now requesting for no less then the amount of $#### prior to the upcoming court hearing.
And also, I don't understand where you come up with close to 100 hrs working on my case when I did alot of the running around to file the motions, had everyone served, wrote up the subpeonas and put all the paperwork contained in my file kept by you in a wicker basket! I put them in chronological order and separated into binders and made table of contents with cross references and all you did was pay for the copying expenses.
I also asked you about filing the motion to stop Mr. #### from dissipating the assests the first time I found out he took equity out of our home in Feb 2007 and you did nothing until Nov 2007, after he foreclosed on the property!
Had you done this promptly, we may have been able to secure some of the funds he took out and I had even asked you about asking the courts to freeze his accounts!
Which you gave me no reply.
What do ya think?!!!
I'll let you know what I get in response, if you're interested!
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Jada
Platinum

Reged: 06/02/07
Posts: 3501
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She has not provided you with an itemized bill listing out what she is charging you?
I think that she is trying to bully you into paying the bill before the court date so that you won't question the charges too much.
If she takes you to court, without having provided you a detailed billing (my attorney provided me with a bill that listed exactly what he did and how much time he spent on it), so that you may examine it for accuracy, she's going to have a very hard time winning in court. And if you get the bill, strike out any charges that she puts in there regarding payment of the bill, that has nothing to do with your case.
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soon2bfree07
Platinum
 
Reged: 10/19/07
Posts: 203
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Jada, here's her response to me!!!!
I am shocked that you would question how many hours I have billed on your case. The reason I haven't been able to send a bill to you is because I'm so busy working on the other more pressing issues that I don't have the time to send a bill to you. If you look at the agreement you signed you would see that for any task I perform the billing rate is .2 hours. Go through the emails that you have sent to me and the emails that I have sent to you, count them up and multiply by .2. The phone calls, I will gladly pull my phone records count up each call from you and to you and multiply by .2. Any other lawyer on this case would have billed you closer to 40,000 or 50,000.You've done all the foot work? Incredible. By billing you $##### for this case, I would say that I am getting close to minimum wage. I You told me that you would make payments and that you would clean my house to offset the bill. The reality of the case is that at this point, it would be virtually impossible for me to get out of it --unless I had your written consent to withdrawal.
I wrote back that I had been asking for a bill since May of 07! this is now July of 08!???? I didn't say it that way though! I was very nice and complimented her on her work but reminded her that had it not been for my own private investigations, she would never have known any of the info that I provided to her!!!! And I also told her that I'm not disputing the bill since I did look at the number of emails and I could pull up my own phone records but the point is I cannot come up with the amount she's asking for in 2wks!!! I told her if she can't settle for the amount I can give her, then I will give her written consent to withdraw from my case! I closed with the fact that I know she is very capable and is armed with enough ammunition to win my case and get a judgement against my stbx and that I would sign an agreement that she be the first to be paid.
I hope that doesn't come off as sucking up, but I can't afford to find another atty at this late date without postponing the case. (It's been 2 1/2 yrs!!!!) And after all the phone calls I made today, I don't qualify for legal aid among other reasons. God, this sucks so much!!! I want to jump off the closest bridge!!! (it's only 3 ft high!!!LOL!)
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Jada
Platinum

Reged: 06/02/07
Posts: 3501
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First, I wouldn't sign any agreement that says she gets paid first. She is OBLIGATED to provide you with an itemized bill.
ANY vendor is. And there isn't a court that will order you to pay her without an itemized bill. She KNOWS that. She doesn't want you questioning her billing. INSIST on an itemized bill.
And don't give her written permission to withdraw from the case. This is a tactic on her part to get you to pay without a bill.
She isn't about to mishandle your case, she could lose her license if she does.
You have a verbal agreement, tell her that you expect her to stick to it.
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soon2bfree07
Platinum
 
Reged: 10/19/07
Posts: 203
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Well here is her response!!! I called her bluff, and she knows she cannot withdraw and she is sending me a bill supposedly tomorrow!!!
I have done a ton of work on this case, yes you have done work -- but I have spent loads of time on this case. Do you know how many times I have driven to Sauer's office -- I am just completely dumbfounded with how you could even question whether or not I spent 100 hours on this case? Do you have any idea how many times you and I have met to work on this case? I focused solely on your case for a minimum of 3 days prior to the trial. For your trial on the 22nd -- please tell me how many hours you would like me to spend preparing? As far as your bill, I have had to prioritize on this case-- specifically, the billing aspect has not been my highest priority and clearly this was a mistake. I have bills just like you -- and when I prepare for this case it means other cases are not being worked on and I not meeting with potential clients. I will send you a bill tomorrow. I'll pull my phone records emails etc., Please try to pay me whatever you can on the day of trial.
This is what I responded to her: As I said, I did pull the emails and those alone came to 49.2 hrs. So, please accept my apology on miscalculating the time you've spent.
Note: I didn't know how many times you went to Sauer's office. You had only told me twice so again please accept my apology.
I do understand you have bills, more than I do, I'm sure.
I am (literally) in your debt for accepting what I can give you.
So, she has accepted the fact that she can't get blood out of a turnip! I already have all my documents set for court and I even know what to say, but hopefully she will say it all for me!!!
Seriously, I think I'm being tested by some otherwordly being!!!! Why else would all this be happening?!!! AAAHHHHHHHHHHHHHH! that felt good
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theanswerguy
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Reged: 04/12/07
Posts: 2312
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2 divorces , 3 custody case and 2 different lawyers , neither EVER provided an itemized bill but still expected payment . Their requests , coincidentally , always coincided with an approaching trial date .
-------------------- Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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