Conniel
New
Reged: 03/15/08
Posts: 2
Loc: Wash
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I just got a letter from my attorney today stating she was going to "withdraw" her care on my case of 7 months. I owe her $4,700 for services rendered, and have already paid $4,000. She made this known to me approx 1 mo ago. I took $250 for my house to be appraised (both attys chose this appraiser)into her office and told her paralegal that I had no idea where I would get this money and I would have to check into my options thinking this was sufficient. Guess not! So no, after 7 months of working w/ her, because I hadn't paid her yet, was hoping for stbx to be liable for the fees, instead he is asking that I pay my own, she is dumping me. What legal recourse do I have if any on her quiting mid-stream? What can or should I be able to get back from her with respect to the work done in the previous 7 months. Paperwork, records, judges' decisions, etc. The case has been set up to go to mediation in May to hammer out the "fine details" on who gets what. There has already been a child support schedule agreed upon, custody, I have been in the house paying the mortgage for the past 4 l/2 yrs (Yes, its' been a really long time....) Doesn't she owe me this much or do I have to start all over which would be devastating for me at this point. I have been at my absolute wits' end up to this point and this has just about done me in today. Any ideas would be helpful for sure. I am trying to save all the ugly details.....Thanks.
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Samsung
Platinum
Reged: 06/14/07
Posts: 2211
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Although there's a fee per page, you can get a copy of all work done so far. You also still owe the $4700.
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Conniel
New
Reged: 03/15/08
Posts: 2
Loc: Wash
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Hi and thanks for your reply.
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germangirl631
Platinum
Reged: 04/04/08
Posts: 1281
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7 months must be the magic number. My atty hasn't officially "quit" he just stopped returning any and all phone calls or emails. I have since found a new atty, and am in the process of getting him a retainer. I think my original atty was in over his head, but has too big a head to admit it. I can't believe they are allowed to be so cowardly, and just stop working on a case with no explanation or regard for their client. I'm going to report him to the BBB since I don't want other people to choose him and have this terrible, stressful experience.
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jakandme
Platinum
Reged: 12/30/07
Posts: 569
Loc: on my way up the hill
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oh my gosh! you guys have me scared to death now! Ok, that is horrible that they can just excuse themselves after doing all this work and you paid alot of the money to them. Scandalous if you ask me. I don't get it, don't they realize that this is people's lives that they are mucking up??? Oh lord, now I'm going to have to ask my attorney if he is just going to drop me like a hot tater. This is so outrageous.
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What is the future but a mirrored image of the past? Only we can make it better or worse!
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allthumbs
Platinum
Reged: 07/12/07
Posts: 560
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Attorneys typically get a retainer of 3 to 5 grand to start a case, which is held in a trust for them to draw on monthly from their billing records. Once that is depleted, then the client needs to add more funds to the trust or the attorney may excuse themselves from the case. Few attorneys work for free. Your attorney should give you ALL the records of your case. They are yours and you paid for them. They should also provide monthly billing statements so you know how your trust money was spent. Lots of family law attorneys get stiffed so I understand the need to do it this way. I do not blame them for this. I do blame the ones who lie to keep a case going or who are inefficient with their client's time and money.
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andyscouse
New
Reged: 02/08/08
Posts: 20
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Yes, that is despicable!
You can have all your files for free - just ask; if they won't give you them, threaten to report them to the BBO (or equivalent).
I had this "hot shot" lawyer who was promising to kick my ex's a** (she was wanting alimony from me even though I have the boys - and I'm the dad) ... turned out, after a few months of wasting time (I since found out), he stuttered and stumbled in front of the judge, didn't get me CS and the alimony case went forward (I won, but only after another lawyer helped me).
His bill came to $10,500. I told him to be happy with $9,000 - he wrote the rest off as "professional courtesy" in the next invoice. lol
I'm taking him to Small Claims (in a county 100 mi from his office, which is where I now live) to get $2,000 more back off him (the maximum allowed in MA), as well as reporting him to the BBO. I have sent him 3 letters demanding a total of $4,000 back (so that he will be left with his original $5,000 retainer). The coward has not had the decency to reply (this was in Jan).
Be bold and stand up to him - you have nothing to lose, and a lot to gain! I wish you the best.
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jbar
Platinum
Reged: 12/16/06
Posts: 1066
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The BBB is just a front to protect their members (the businesses) from direct accusations of wrong behaviour by the customers. Try the ethics rules of the state BAR Association.
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bingoman
New
Reged: 09/15/08
Posts: 1
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Incredible. I have the exact same situation. Even the same $ amounts almost. The agreement I signed going in was that I would put up a $3,500 retainer. Then they would bill me monthly and I had to maintain the $3,500 retainer balance. Despite that, my atty has looked the other way while I've failed to pay for a few months. The atty has reached the end and has filed to be taken of the case unless I pay up.
What I'm confused about is the attitude of some posts that seem to be of the mind that the atty is somehow duty bound to work through the case to the end, then bill you. That's not what my atty situation was.
Now, I"m stuck without an atty as we approach the end of the 1yr waiting period and the final hearings. I don't know how she is retaining an atty, but I have a situation where she has an atty and I don't. The ironic thing is that in her complaint, she requested that I pay HER attorney's fee. So I seem to be approaching a situation where I can't afford an attorney but her's is just racking up a bill that she and he expects I'll be ordered to pay. So I'll have the $4,500 bill, plus the $6K I've already paid, plus her attorney's fees, and I will have to go through final on my own (i.e. pro se).
Can anyone confirm or deny whether an atty is required to see your case through, even if you aren't paying? It seems to me that what my attorney is doing is in accordance with our agreement and though it sucks, is legal etc.
Any thoughts?
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allthumbs
Platinum
Reged: 07/12/07
Posts: 560
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Yes. Typically, when you retain an attorney, you sign a financial agreement of the type you mentioned. It is legal. I mean, do you think an attorney would have you sign an illegal agreement? The basic concept is that an attorney doesn't "abandon" their client. However, they can stop working for them if the client isn't paying them. You aren't abandoned in the sense the attorney refuses to help you. He just needs to be paid. There are probably some that may accept being paid later from the settlement sale of real property IF they can place a lien on the property.
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