Any lawyers here? General lawyer question and need .

[Disillusioned_2011]

@salparadise: definitely not a payment issue.

 

As far as the secretary: IF she answers the phone she says he's not available and would I like to leave a voice mail. As far as making appointments: same story. 3 lawyers work there - they all make their own appointments directly with clients. Nothing goes through an assistant. Don't know anything about paralegals there. I've seen people but don't know what their roles are. The secretary is apparently only there for invoicing or copying. I did ask her to write him a note before. I was still referred to his VM.

 

I'm the wife btw. My hopefully soon to be XH has currently no lawyer, and I'm

Basically "in charge" of getting all the paperwork set up. We basically agree on most things. I hope it stays that way. But he can get quite moody and difficult. And changes his mind a lot. So I want this done by a professional and it needs to be set in stone. Mediation with him might take forever. But that's beyond the point.

 

Jen: I don't think it's substance abuse. He's very old school - family man blahblah - older guy - I know the outside appearance doesn't mean much but seriously - I don't think he drinks or snorts coke

Edited May 4, 2016 by Disillusioned_2011

[carhill]

So we're on the same page, your STBX has been legally served and has, or has not, filed an answer with the court? I'm asking because in my jurisdiction, once served, the respondent has 30 days to answer, meaning file documents with the court, or the matter can go to default and the court will rule on the original filing. That's one way someone can divorce another person without their 'permission' or agreement.

 

If your lawyer has been sitting on this for six months, presuming the lawsuit is filed, it's well past the timeframe of answer in most jurisdictions I'm aware of. I'm asking because your STBXH is not represented.

 

The current status of the divorce action might be relevant, and probably is relevant, to next steps.

 

As an example, if I were to go to the courthouse and look at your case summary, what would be seen?

[Miss Peach]

I see. I was wondering what was meant by "retainer". We'll ask for a deposit of around £500 up front, with initial fees being taken out of that deposit. Basically to avoid that situation where you spend several hours on working for a client who decides not to pay you. And if there are going to be outlays (court fees etc) then they have to be paid by the client in advance. But it would be unthinkable to ask for a deposit of several thousand. If the OP has had to pay up a figure like that in advance, and now isn't getting any work done for him, that's a very serious matter.

 

That was very common in my area. No one quotes less than $2k for the retainer for my divorce. If it was something that may have gone to trial the retainer would have been much higher.

 

So we're on the same page, your STBX has been legally served and has, or has not, filed an answer with the court? I'm asking because in my jurisdiction, once served, the respondent has 30 days to answer, meaning file documents with the court, or the matter can go to default and the court will rule on the original filing. That's one way someone can divorce another person without their 'permission' or agreement.

 

My jurisdiction has the same.

[Disillusioned_2011]

Carhill: no - nothing has happened yet to that extent. What I'm trying to get done is a simple dissolution agreement. Nothing has been filed anywhere, because NO paperwork has been done. Nada. He has all the data, tax docs, income, asset info,..... But has not drafted an agreement yet that we both can sign in order to get it filed in court. Once that is drafted, it can be filed in court (provided that we both agree and sign it) - and it'll take about 3 months in my county - give and take - for the D to be finalized. But we need to get something drafted first. Which has not happened - due to slacker attorney - it is not a contested divorce. It'll be a simple dissolution of M.

[carhill]

OK, so no contest and nothing filed. Essentially the attorney has your money and there's no work product to show for it.

 

I'd be so dead. Can't imagine a customer who wouldn't pull the trigger on that. Lawyers must be a special breed to command so much, well, love for their life.

 

With a simple, no-contest dissolution why is a mediator off the table? Go in, plow through it, they write it down, form up the agreement, sign, file, done. Our family law (at the court) self-help desk even helps with the filings and refers to free mediation. Main cost is the filing fees, which are half the total (if unanswered) if only filing the petition and doing uncontested with agreement.

 

So I take it your H doesn't want a divorce, or to do any work on one, and is leaving everything to you. Sounds like your H and the lawyer should get married

[NewLeaf512]

OP I apologise in advance if I have missed your location but I suspect from phrases you have used that this is taking place somewhere in America. I am in complete agreement with Taramere and Carhill and others raise some good points. Here is my 2 peneth for whatever it's worth to you. Solicitors, Barristers, Doctors whatever you deem to be professional are in actual fact business traders doing business for themselves a firm or a combination. They are providing a service that you are paying for and you deserve and are lawfully entitled to receive as it is likely that when you paid the retainer you also signed a "letter of engagement" which is a contract that instructs your solicitor to represent you, it should set out a fee agreement and establishes attorney-client privilege.

 

I don't know if you get your hair cut and coloured but I get colour every 2 weeks. I go to my stylist because she is in my eyes the best person who does my hair in a way that I think is perfect. She is a professional stylist. The fact that she earns less or didn't go to uni doesn't make her less of a "professional" than I am. If she had the best reputation in my city and did lots of celebs and didn't turn up for my appointments, or cancelled at the last minute (barring an emergency situation) her reputation is NOT good with me and to me that's what counts.

 

Here is how I personally would handle this matter if I was a client that was being treated as you have described here. Write him a letter telling of your dissatisfaction with the representation you have received to date. Cite examples of dates, times, and resasons that indicate he is not representing you to the standard in the engagement letter and the standard you expect. Write next what you are expecting. Him to email or call weekly? Return your calls within 48 hours, or less for urgent matters. That you expect that dates commuted to you by him should not be missed.

 

Conclude the letter saying you expect him to hold a non-billable meeting within 72 hours to discuss your concerns about misrepresentation, and request a partner senior to him attend the meeting as well. Advise that if a get well

Plan can not be agreed and implemented with immediate effect, you are firing him, and raising a complaint with the bar association and expect your retainer to be returned to you within the next 5 business days.

 

Send that letter in whatever way it has to be signed for in your country. Bring a printed out copy of the letter with you to the meeting and get him to sign the get well plan.

 

If he apologises and advises he shouldn't have taken your case because he is too busy, thank him for the apology and advise you want to raise a complaint with the top partner who deals with complaints, you want the full retainer refunded, a copy of your case file and that you will still be

Lodging a complaint with the Bar Association or whomsoever is the legal governing body in your state. Family law in particular requires a lot of empathy and client contact and it seems he is lacking in both.

 

NL

[NewLeaf512]

I see. I was wondering what was meant by "retainer". We'll ask for a deposit of around £500 up front, with initial fees being taken out of that deposit. Basically to avoid that situation where you spend several hours on working for a client who decides not to pay you. And if there are going to be outlays (court fees etc) then they have to be paid by the client in advance. But it would be unthinkable to ask for a deposit of several thousand. If the OP has had to pay up a figure like that in advance, and now isn't getting any work done for him, that's a very serious matter.

 

I think one of the reasons some family lawyers take a vitriolic and overly aggressive stance is because a lot of clients want a "rottweiler". As soon as you have somebody like that involved, it runs up big bills for everybody - and the net result isn't necessarily what the client would have hoped for.

 

I had a client who freely admitted to me that he had wanted that kind of lawyer on first separating (acrimoniously) from his wife. Many months and many thousands of pounds later, he found himself no further forward and drowning in all manner of complexities to which there seemed to be no end. There wasn't much in the way of matrimonial assets at stake. It was the kind of case where ideally you'll get lawyers from small, modestly charging firms involved - and where both sides' lawyers will adopt an extremely pragmatic approach. The guy was being cleaned out financially by a large, prestigious firm that didn't give a damn about him.

 

His wife had taken the sensible course of action and gone to one such small (but very professional)and pragmatically minded firm. She'd developed a good relationship with a lawyer who cared about her. I had a couple of very lengthy meetings with my client to determine what he wanted, what he needed and what factors were holding up successful negotiation. We worked collaboratively with the other firm and with his wife to work out a relatively simple agreement which ensured each party got (financially) what they needed.

 

A lot of the time, removing the competitiveness that can develop in these disputes - to the extent where people will fight to the death ("it's a matter of principle") over things that have no intrinsic value - is the tough part. Big firms aren't always very good at assisting people with emotional aspects of divorce. That'ss often why you get this situation where somebody who has instructed a big firm finds themselves stuck. The big firm lawyer is faced with psychological blocks to settlement that they're not really interested in trying to deal with.

 

A big firm lawyer was laughing at me and another small firm lawyer the other day. "Are you two a couple of therapists or something?" Yeah, actually. Sometimes that's what it takes to move a case forward pragmatically. The big firm lawyers will be all "I'm a lawyer, not therapist". The small firm lawyers are more likely to take a view of "I'm a jack of all trades. Getting the case moved forward and getting the client a deal that they can live reasonably happily with (and maintaining their sanity) is the goal. If that requires me to dabble in a therapeutic/counselling role, I'll do it. Do what it takes to get to that point where the client and their ex partner are clear about what they need in order to move on from the marriage with emotional and financial stability (assuming that's actually possible).

 

Once both sides are in that frame of mind ("what do you need? What do I need?) the most apparently complex, long lasting and expensive disputes can become quite simple and straightforward. But it's not the job of big, prestigious firms to keep things as simple and straightforward as possible - because simple and straightforward doesn't help the firm's lawyers to meet their huge billing targets.

 

Sometimes respected status comes from little more than great skill in networking and self promotion, plush offices, expensive cars and other props that help to impress clients. When a person pays big bucks, they might get a great service...but it's not guaranteed. In some cases they might not get much more than the fleeting glory of association with a plush, self confident enterprise that will ultimately put them near the bottom of their list of priorities. Unfortunately, I suspect that might be what has happened to the OP. He needs to get that retainer back and ask around friends and acquaintances for a lawyer recommendation.

 

If all that's required is the drafting of a simple agreement, if there isn't any particular acrimony or disagreement (over the division of assets) between the OP and his wife, the family lawyer of a small firm should be able to do it very swiftly. There's no reason for something like this to take months on end, unless there are major areas of dispute between the OP and his wife that are blocking progress.

 

Quite right in all regards. Family law is very difficult indeed because both the plaintiff and respondent are usually very highly emotionally charged and your solicitor (should you have grounds or very complex financials) needs to represent your legal and financial interests in a divorce action and keep the clients emotion based decision making a moot point because that has no place in what is essentially a negotiation to terminate a contract and divide and distribute assets and execute any spousal maintaince agreements, custody, visitation and so forth.

 

Unless you are a high net worth individual, think Banker with bonuses 4x annual salary, deferred compensation, lots of financial instruments such as investments, multiple properties, pensions, trusts, or are a public figure like a celebrity or MP, you should not hire The Baroness of Belgravia at £2000 an hour or what ever her rate is because legal fees are deducted from the pot of marital assets to be distributed for both parties so everyone losses here except the solicitor. I admire practitioners of family law because it is often very fraught

 

Regarding the discussion about the fees being high or reasonable is something I can't address. I live in London and as a QC in a highly specialist area and having been called to the Bar more than 20 years ago, and with 6 cases of note, my hourly rate was what I am sure many people would think of as astronomical. However, I always had juniors in my chambers do most of the tasks that did not involve strategising points of law such as calling ACAS, making requests for documents, first read through of evidence, assembling witness lists, etc which were at their rate not mine. I've never heard of a 6 minute charge to make a 30 second voice message. Simply ridiculous.

 

In any case there's nothing more to add here that Taramede hasn't already completely covered, except to say again, complain directly to your lawyer in writing and give one chance to correct, if not fire him.

 

NL

[Disillusioned_2011]

I made an appointment today with a different firm, and they asked me why I'm not satisfied with my current lawyer. After I explained they said they'd move the case forward swiftly, provided I retain them, after my initial consultation, and they'd request my file from the other law firm. Thanks all for your input!

[Liam1]

I made an appointment today with a different firm, and they asked me why I'm not satisfied with my current lawyer. After I explained they said they'd move the case forward swiftly, provided I retain them, after my initial consultation, and they'd request my file from the other law firm. Thanks all for your input!

 

I am glad to hear that you found another law firm.

 

The complaint you mention, is apparently one of the most common complaints against lawyers, in the USA....That is the fact that they take a retainer and then you can not get a return call, in a timely manner.

 

Sometimes the problem is that the firm is a high-powered firm that takes a lot of high-profile, high profit cases and your might garner a smaller profit.

 

They may have still had an underling working on your case, but they should then be willing to keep you informed by having that assistant call you with an update.

 

In any case, having a lot of high profile cases and being busy, is not a good excuse for failing to return calls, and you are better off with a good firm that can move things forward more expediently.

 

Sometimes a qualified small law firm provides more personalized attention.