Advise Please

by Xena 24 Replies latest jw friends

  • Valis

    Hey woman....sorry to hear your troubles...It will be good to see you again..


    District Overbeer

  • Billygoat


    Divorce sucks. But the personal growth that comes later is worth it. I know it was for me anyway. Keep your chin up - it gets better!

    Love ya,


  • roybatty

    And lawyers wonder why the world hates them. I have yet to have any legal work done in which the attorney didn't end up charging me more then he originially quoted.

    Hope everything turns ok for ya!

  • Beans

    Wow Xena, it's so stressfull dealing with these idiots! Lawyers should be paid with monoply money up front and if you don't pass GO screw them and send them to jail.


  • xenawarrior


    Well, this sucks!! I was in a similar situation when I got my divorce over 10 years ago. The attorney I used was a friend of my boss' and he too made a verbal agreement on what the costs would be upfront. When it was all over he sent a bill for double that amount. I called him and reminded him what the original amount was and told him very clearly that I wouldn't pay anymore than that amount. Nothing in the proceedings had changed since that time and there was no further contention to it. In fact, I did most of the work myself. When we appeared in court the judge went through his motions and my attorney had no clue what was going on in our case- didn't remember a thing and hadn't brought himself up to speed by looking at the paperwork in our case. He told the judge that an order had to be put in place for child support and there had already been one in place for 6 months. He didn't know who was to cover our daughter for health insurance etc. He was basically useless in his appearance that day- UGH.

    In any event, I think he felt that because he was an attorney I would be intimitated by that and would simply acquiesce and pay the bill. NOT! You are in much the same position here. You agreed to a certain amount and if nothing changed beyond that original agreement you shouldn't have to pay one more dime !! And a judge would say the same thing most likely, especially when she didn't notify you in any way of a change in the original billing amount.

    Stand your ground with her- I hope things work out okay !!!!


  • hillbilly

    I guess some lawyers do better business than others. In my recent divorce my attorney discussed the retainer and fee, broken down in the componet parts his work would involve. I knew his hourly rate for trial and the various and sundry things lawyers do for clients.

    Before I left, he gave me a fee schedule and estimate for the work he was about to take on. Then we both signed it and I got a copy. At trail he asked for payment, per the contract. End of story- just like it was supposed to happen. (this guy is one of the better legal minds in the region too- very effective) He gave me a 10% discount cause I paid on the spot. (he will get my other business from now on) Lawyers can have poor customer relations like any other service provider, good ones can be hard to find and poor ones create a bad reputation for the other ones.

    So Xena- just a word of advice as you move on to single hood. Now that you will be doing ALL your own "wheeling and dealing" on all mattes from rent or mortgages to paying for your car.

    GET EVERYTHING IN WRITING- and read it. Oral contracts are binding but easily misunderstood or wiggled out of by the less than honest ( or those with poor memory).

    Good Luck on everything you attempt from here on out!

    HB (the I document everything - including notes on phone calls class)

  • Country Girl
    Country Girl

    On my third custody trial, I found out about a lovely Cajun lawyerette (heh) that was just starting to get into family law. I'd already been round the block a few times on this s*it, too, so was kind of her "tour guide" to the whole process with my ex: 1) he'll file a petition for custody; 2) he will ask for deposition 3) we'll stall said deposition by me not showing up; 4) he'll file a false petition for injunction against me -- hearing will be set; 5) he will attempt to get me into a deposition again; 6) my lawyer will file general denial to injunction; 7: he'll run out of money; 8) his lawyer will quit. She just charged me a nominal fee, went through a few motions, then refunded the rest! <never had *that* happen before>

    Country Girl

  • cruzanheart

    (((((Xena))))) Valis gave you good advice, and so did Country Girl. Go over her head to her supervisors. Good luck, honey!


  • Xena

    Six, Yep I have met with the attorney ONE time....and spoke on the phone ONCE time for about 10 minutes tops...I am curious to see how she justifies this additional charge. Your suggestion about finishing the divorce is one that I have been considering, *sigh* just makes me sick I gave her so much money already and now I may have to do it myself anyway...but live and learn

    Skeptic, Don't worry I quit beating myself now I want to beat my attorney up

    Valis, Thank you for the link! It will be a great help if I don't get the satisfaction I want from her.....I am looking forward to seeing all my Dallas brethern in March

    lol Billygoat ok I will try to view this in a positive light....I am growing...I am growing...

    Roy, Thanks for your encouragement yesterday, it is nice to know I have friends!

    Beans, what say you send me some Canadian money to pay the next attorney after all Canadian money IS a lot like monopoly money

    XW, Yep it does suck doesn't it, shame they try to take advantage of people when they are hurting and vunerable...nothing has changed in my situation either since I sat in her office and she quoted me a price....tyydyy doesn't even have his own attorney..he is just agreeing to everything I want....what could be easier??? Don't worry though I am not paying this bloodsucker one more dime!

    Hillbilly, Glad to hear there are some good attoreny's out there! You are right though, funny thing, all my life other people have taken care of things for me. LOL I was extremely I am having to take care of myself AND my daughter it is an adjustment, but trust me I am learning...slowly but surely!

    CG If I don't get anywhere with her Monday I will probably be writing you to see if you can help me get thru this I am not sure if I should say I am sorry you have so much experience in this area or THANK GOD you do!

    cuzanhart, thank you for the {{{}}}} unfortunately the only "supervisor" she appears to have is the State Bar, but believe me I will go there if I have to!

    Thanks again everyone for all the help and enouraging words!

    Edited by - Xena on 9 February 2003 9:39:29

  • MegaDude

    Hi Xena,

    I would want to speak to your attorney personally and ask why she is charging more. Have the complete list of errors on your previous documents ready to tell her about. You did keep a copy of them, right? If they didn't tell you when your court date was then they dropped the ball. They should have gotten you a court date once they corrected THEIR erroneous paperwork and got you and Tyydyy to sign it unless you told them you may have changed your mind. It is ludicrous to have to tell an attorney you want to proceed with your divorce when you've sent them the paperwork to do that very thing.

    If they dont' agree to finish your divorce for the verbally agreed price, then I might ask for all my money back and start over with another attorney, but not before insisting they honor their verbal agreement. When you talk to them I would tape the conversation. Ask her in this conversation if she has forgotten your verbal agreement of such and such amount.

    You *may* end up filing a complaint about this attorney and the only proof you're going to have is hard evidence like the previous erroneous documents and tapes of your actual conversations. It sounds like you are completely in the right here.

    Edited by - megadude on 9 February 2003 10:15:30

Share this