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Summer
Joined: 15 Feb 2007
Posts: 901
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 Posted: Mon Aug 06, 2007 4:21 am Post subject: Legal Matters |
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Last edited by Summer on Thu Aug 23, 2007 2:51 am; edited 1 time in total |
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fraggle_1972
Joined: 03 Mar 2007
Posts: 570
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| Posted: Mon Aug 06, 2007 4:32 am Post subject: |
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Summer
As mentioned before I am a bit concerned about your lawyer..
| Quote: | ...she stated that the n,s lawyer is NOT cooperating with us and that we are now DEMANDING the n deliver his dissolution and discovery paperwork to my attorney's office IMMEDIATELY.
Its about time huh, but I thought that we already asked the Judge to motion n to fill out this paperwork, quit stalling and MOVE forward so we can go to settlement?? |
Do you think that they are just lining their pockets with your money, knowing N is difficult...and just prolonging the case for more $$...it has been 2 years.
I would be looking for the evidence that the your lawyers can provide re filing with the judge previously and bring this up with them.
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Sailor2bill
Joined: 21 Feb 2007
Posts: 204
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| Posted: Mon Aug 06, 2007 8:43 am Post subject: |
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Summer, I'm with Fraggle on this. You need to write to your lawyer, remind him that this has now gone on for TWO YEARS and would he please give you confirmation that this matter has been filed with the judge to force N to act.Possibly you could get a sly dig in at your lawyer by saying N appears to be controlling this whole matter?
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Sailor
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Summer
Joined: 15 Feb 2007
Posts: 901
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| Posted: Mon Aug 06, 2007 6:12 pm Post subject: |
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Last edited by Summer on Thu Aug 23, 2007 2:51 am; edited 1 time in total |
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fraggle_1972
Joined: 03 Mar 2007
Posts: 570
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| Posted: Tue Aug 07, 2007 1:37 am Post subject: |
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Summer, read these statements from your above post.
| Quote: | she stated that the n,s lawyer is NOT cooperating with us and that we are now DEMANDING the n deliver his dissolution and discovery paperwork to my attorney's office IMMEDIATELY.
Its about time huh, but I thought that we already asked the Judge to motion n to fill out this paperwork, quit stalling and MOVE forward so we can go to settlement?? |
Either your lawyer has been lying to you, because you have mentioned on numerous occassions that a judge had court ordered info from exN.
For what reason would your lawyer lie to you??
Or
You havent understood what your lawyer has been saying and doing??
| Quote: | | Now if I start writing letters asking what motions they filed and so forth-I am only going to cause my legal fees to escalate, |
Again...look for evidence email, letter previously from lawyer stating that they are going to get a court order around the time you thought that was occurring. You are the client and have a right to know what is going on. In actual fact a lawyer is meant to advise and follow YOUR instructions.
| Quote: | | he is expensive but worth it because he "always" wins his cases. |
He aint winning much at the moment is he??
| Quote: | | He went out of his way to speak to the kids attorney on my behalf |
And I am certain he charged you for it too.
| Quote: | | have to trust my attorney, he is very amicable and the opposite of n lawyer who is fighting dirty- |
Is he fighting dirty or doing the best for HIS client, because the others parties lawyer is not keeping them in the loop.
| Quote: | | Also my attorney fought for me when n tried to modify the cs lower, my attorney argued with the financial advisor (who believed n lies) and helped me in that matter |
help you?? That is his job. I am sure you paid legal fees for that too.
| Quote: | | P.S.-My attorney sent me a copy of a letter that the kids attorney sent to n lawyer.. |
why did he do this? Did he charge you for this too? It this really any of his/your business...it is between the kids attorney and N.
| Quote: | | Its about time someone is doing something.This has been going on now almost TWO years with NO end in sight. |
Sorry if this sound harsh Summer, but noone will look out for yourself but you. This current lawyer has had 16 months and as you have said there is no end in sight. You are the one in charge of this, not your lawyer.
You are his clilent, he should be following YOUR instructions based on his legal knowledge.
Ask yourself Summer, what HAS HE actually done in 16 months and how much have YOU paid for that to date.
I would try legal aid again, in Australia it does not matter how much the ex spouse earns it is based on YOUR ability to pay.
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Summer
Joined: 15 Feb 2007
Posts: 901
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| Posted: Tue Aug 07, 2007 2:22 am Post subject: |
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Last edited by Summer on Thu Aug 23, 2007 2:52 am; edited 1 time in total |
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fraggle_1972
Joined: 03 Mar 2007
Posts: 570
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| Posted: Tue Aug 07, 2007 6:55 am Post subject: |
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Summer
No divorce is easy.
I think you should be laying blame with your lawyer as it now appears he has not lodged the motions you thought he lodged requesting info from N.
N has done nothing wrong here, he has NOT ignored judges orders at all (which I thought from your previous posts he had).
| Quote: | | Start complaining to my own attorney? When it is N and his lawyer who are purposely holding up the settlement. |
you are saying that the divorce is taking too long, even though amicable divorces take 2 years, yours is with the 2nd lawyer for 16 months and yet HE has filed NO motions? I would certainly think he should have by now....ahh but he can always string you along a bit longer...he gets paid monthly right...so even if you get nothing..his bill is taken care of, is that correct.
I personally would be putting a rocket up MY lawyer and be demanding to see exactly what work he has been doing to earn MY money.
I would also negogiate a new billing arrangement, if he is such a great lawyer he would have no concerns with a % of settlement when the money comes through or a flat fee when the matter is settled, or would he.
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vmm
Joined: 07 Aug 2007
Posts: 184
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| Posted: Mon Aug 13, 2007 1:28 am Post subject: |
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So it is just the house and the 401? Two things??? I had over 140 line items to account for in financial settlement and it took less than 2 years, even with N not cooperating. I get that you appreciate having this attorney, trust me. But wouldn't you be happier with NO attny?? I mean having this resolved!! Having had the attny work for you, charge you, get it done so you don't have to worry about the attny, fees, N and the pl anymore??? I aslo think that your attny need a constructive push.
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My paralegal wrote back she will speak with the attorney immediately about the 401k,but said she was not sure they could do anything about making the n protect it!
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How about
On (date) (paralegal name) emailed me that she would speak to you immediately about protecting my half of the 401K. Could you please write me on what motions have been filed to protect my interest in this account valued at $?
While we were married, all Mr. N had to do was make a single phone call to transfer any amount of funds into cash accounts.
N threatened me several months ago that he "protected his share" and put it into another account. Please request that N's attorney provide me all monthly statements accounting for the money in the IRA account valued at ($ fill invalue at date of sparation)
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we are now DEMANDING the n deliver his dissolution and discovery paperwork to my attorney's office IMMEDIATELY.
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I also thought that your pl saif they had filed contempt charges. Ask for a copy of what has been filed. Or check your court file, then write them (with pl email attached) that pl said they had filed contempt, but you can't find it in the county file. Please send me a copy form my file at your office.
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I wrote my paralegal back that it is NOT only the n lawyer, but the n is the mastermind behind all this-refusing to fill out the nesessary paperwork and requesting that his lawyer purposely stall this because we all know that's how the n works and that is the n,s perogitive-to DRAG this out , and starve me out legally if he can.
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IMHO don't waste your attny dollars flattering the N and allowing them excuses for the law firm not getting things done. (Well your N is soo difficult, etc.) You pay PL and atny for every line they read and every word they have to listen to. Cut to the chaser and act like you expect they are "best in town" N should be easy for them.
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vmm
Joined: 07 Aug 2007
Posts: 184
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| Posted: Mon Aug 13, 2007 1:50 am Post subject: |
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BTW, your attny can supna the 401 info and associated accounts (stocks, cash, etc)with a form that take paralegal 5 minutes to type up. What would the legal fees be for that? Then you would know, and your attny would not be making a bunch of money "waiting for N".
Also, same with the house. request your attny have N allow 4 agents (you pick 2, N picks 2) in house for market analysis. Take high low average, whatever of the 3. Pick agent. Attny files motion that N doesn't destroy house any more, N moves out before showings. List the house on the market. All Free. Again your attny would not be making a bunch of money "waiting for N".
N doesn't move out. N is in contempt for not moving out. Judge says to N either move out or pay you half the value of the house NOW to purchase it. House is sold by agent in the meantime. Maybe in time for you to buy the want so you don't have to move?! Done. You move on and N can bother you less because you have a judgement. Maybe this is all just to peaceful for you ... sigh....
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vmm
Joined: 07 Aug 2007
Posts: 184
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| Posted: Mon Aug 13, 2007 1:58 am Post subject: |
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| vmm wrote: | | BTW, your attny can supna the 401 info and associated accounts (stocks, cash, etc)with a form that take paralegal 5 minutes to type up. |
IMHO a "the best" attny would do this for you anyway knowing you are deling with an uncooperative oppsing counsil and lying N. So just requst atny do it now. Will save you a ton of legal fees arguing and attny letter writing back and forth, which is what the attn WANTS TO CHARGE YOU for. The money manager has to put the infor together for you for free. Think what you will save. And your answer will be dirct from an objective source.
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LeaveLone
Joined: 26 Feb 2007
Posts: 100
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| Posted: Tue Aug 14, 2007 12:15 am Post subject: |
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Summer,
You have a case number, right? You know what court these motions were supposedly filed in, right? Then, do a little detective work for yourself.
Go to the courthouse, look up your case and review it. It's public record. Make a list of the motions that have been filed, what dates, what the main points were...you can even COPY the files yourself if you want.
Once you have your own independent verification, compare that to what your attorney has told you.
If he/she is not being straight with you, find out why! And, if necesary, file a complaint with your local bar association and see if they have any advocate service that can help you.
You HAVE to start being your own first advocate -- if you think you CAN'T afford another attorney, ask yourself if you can afford to lose your case? I have had to switch attorneys twice, one of whom I took to the Bar Association and got a settlement for part of my retainer and fees back. No, it's not fun, but who is going to have your best interests at heart more than you, yourself???
LL
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