My divorce attorney.
Member
Thread Starter
Join Date: Jul 2006
Location: Richton, MS
Posts: 135
My divorce attorney.
I have a question. Is it normal to have never met your divorce attorney. I have talked to him on the phone several times, but when I schedule appointment I always have to see his paralegal lady. To be honest with you when I show up for court on January 9 @ 9AM I will not even know what my attorney looks like. Although the paralegal lady is very nice and answers all my questions, I just think it is kinda strange.
Royalty
Join Date: Oct 2006
Location: Ohio
Posts: 366
This is not right. First of all, you are hiring him to do a job. That job gets paid for at a rate of probably well over $100 PER HOUR (closer to 150)....a paralegal gets paid around $30-$40 per hour.
It's perfectly within your right to say: YOU'RE FIRED. You owe him nothing, he did not do his job.
If I remember right, you are getting an uncontested divorce/disolution? You can file that yourself (for a filing fee only - probably $80). I would spend the money on research of how to do that yourself, or refuse to pay your lawyer the rate he says. Keep track of exactly how many hours (usually kept in fifteen minute units).
You have plenty of time to get a new lawyer. If you have paid this one anything, ask for the full amount to be refunded, and if he won't ... take him to small claims court. (an $80 filing fee for doing it yourself, and most small claims must be under $3000, and the court prefers that you represent yourself without a lawyer :P )
I know that you just want this done yesterday, but speed in a divorce is sometimes not the best plan. Do you have children? It might be wise to figure out all every detail regarding them, instead of just trying to be rid of him. Parenting plans are the best, but when you can't work with your ex, sole custody is a must. I'll send you a website that is a must when going through a divorce.
It's perfectly within your right to say: YOU'RE FIRED. You owe him nothing, he did not do his job.
If I remember right, you are getting an uncontested divorce/disolution? You can file that yourself (for a filing fee only - probably $80). I would spend the money on research of how to do that yourself, or refuse to pay your lawyer the rate he says. Keep track of exactly how many hours (usually kept in fifteen minute units).
You have plenty of time to get a new lawyer. If you have paid this one anything, ask for the full amount to be refunded, and if he won't ... take him to small claims court. (an $80 filing fee for doing it yourself, and most small claims must be under $3000, and the court prefers that you represent yourself without a lawyer :P )
I know that you just want this done yesterday, but speed in a divorce is sometimes not the best plan. Do you have children? It might be wise to figure out all every detail regarding them, instead of just trying to be rid of him. Parenting plans are the best, but when you can't work with your ex, sole custody is a must. I'll send you a website that is a must when going through a divorce.
Member
Join Date: Jan 2006
Location: Los Angeles, CA
Posts: 5,075
no life, it isn't normal. request a face to face meeting. if he refuses, or passes you off to the paralegal, a good idea might be to get new representation. now i understand even better why he told you not to "rock the boat." he sees you as a check.
good luck.
good luck.
Member
Join Date: Dec 2005
Location: in the present moment
Posts: 2,060
did you sign any agreements with him as far as retainers and your responsibility to pay him?
If so, was there language in that agreement outlining the type of work that would be performed (these are called "performances") by him personally and what tasks his office would perform, and if so, did the agreement detail the hourly rates for his work vs his paralegal's?
Usually lawyers take care of the business as it affects thier wallets, so I expect you did sign a retainer agreement.
At this point, if he did specify that he will bill you at $X per hour for "his" legal services, and he personally has conducted conferences with you over the telephone, he is within the parameters of the agreement because you have had personal contact with him, albeit not face to face.
If you have requested to meet with him in person and he says he will not or can not meet with you personally, or, if he delays the filing of documents and postpones transactions without reasonable cause, he would be what is called in "non performance of contract", which is a breach of contract.
The fact that you are given direct access to him, and the fact that his paralegal is meeting with you, and the filing is being handledd in a timely manner, if there are no specific promises that you will have the services performed in any other way, would make it difficult for you to have grounds to be released from your financial responsibility to him.
BUT If you didnt sign a retainer agreement, then you are free to find new counsel or do it yourself.
Although this guy is not looking out for your best intersts regarding domestic abuse, he does sound as though he is eager to get you divorced as soon as possible. It may help if you were more proactive with him. Tell him exactly what you feel about the physical abuse, and how you are choosing to deal with it. See what he says.
We support you totally in taking care of yourself. i'm glad your dad is helping you too!
If so, was there language in that agreement outlining the type of work that would be performed (these are called "performances") by him personally and what tasks his office would perform, and if so, did the agreement detail the hourly rates for his work vs his paralegal's?
Usually lawyers take care of the business as it affects thier wallets, so I expect you did sign a retainer agreement.
At this point, if he did specify that he will bill you at $X per hour for "his" legal services, and he personally has conducted conferences with you over the telephone, he is within the parameters of the agreement because you have had personal contact with him, albeit not face to face.
If you have requested to meet with him in person and he says he will not or can not meet with you personally, or, if he delays the filing of documents and postpones transactions without reasonable cause, he would be what is called in "non performance of contract", which is a breach of contract.
The fact that you are given direct access to him, and the fact that his paralegal is meeting with you, and the filing is being handledd in a timely manner, if there are no specific promises that you will have the services performed in any other way, would make it difficult for you to have grounds to be released from your financial responsibility to him.
BUT If you didnt sign a retainer agreement, then you are free to find new counsel or do it yourself.
Although this guy is not looking out for your best intersts regarding domestic abuse, he does sound as though he is eager to get you divorced as soon as possible. It may help if you were more proactive with him. Tell him exactly what you feel about the physical abuse, and how you are choosing to deal with it. See what he says.
We support you totally in taking care of yourself. i'm glad your dad is helping you too!
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