Initially, in our free phone consult, he said he normally takes $1000 retainer, but would settle for $500, given my financial situation (two babies, no job). I said I could give the $1000 retainer from my savings, and I did. In our first meeting, he said I'd be lucky to get the case settled for $1500-$2000, and if it took more than $3500-$4000, one or both of us were fools. His thought at the time was that my ex's lawyer would advise the ex not to let this case go before a judge, given my ex's history, behaviour, and alcoholism, and felt confident that it would all get settled ASAP. Keep in mind that my ex is a moron, but still, I'm sitting at about a $10,000 bill (I haven't received an actual accounting since we were at the $3300 mark), I have no current court order in place, so the ex gives support when and if he feels like it, and he's currently got impaired driving charges pending (his fourth) and will likely do some time in jail. For the last two monthes, I have not been at all pleased with my lawyer; I cannot reach him, he has not returned my calls but once (during which my child was throwing a full-out tantrum, and I had to apologize and ask if I could call him back ($200 per hour when I can't hear is no good), and he said he'd call me back but didn't), and generally seems to have lost touch with where we're at in the case... I sent him ALL of my financial disclosure info early in October, but early in Nov I find he's not forwarded it, and is asking for documents that he's already received... I've tried on several occassions to contact him, including in early Dec, when my ex was supposedly willing to settle on some issues, but my lawyer didn't deal with the issues in time, and it all fell through; again, my ex is a liar, and likely would have bailed out anyway, but it didn't help that my lawyer's inability to respond in a timely matter became my ex's excuse for not following through. Because my lawyer was not responding and forwarding to the OL at the time, I took it upon myself to do just that, and promptly got chastised by the other parties and my lawyer for doing it.. my lawyer sent me an e-mail, detailing his discussions with the OL about the matter, in which he assured the OL that he'd reprimanded me for attempting to contact the OL, and instructed me to advise him if he was relieved of representing me or not.
I've contacted/attempted to contact my lawyer several times in the last two monthes, particularily about coming in to the office to make some payment (he only has an assistant; no collegues, no secretary.. so if he or the assitant are not in and available, payment cannot be left with anyone), but have not received any communication back regarding that, or regarding my numerous requests to arrange a meeting to discuss my concerns about the case.
This morning, I received an e-mail from my lawyer, saying that he's been in contact with the OL, and wants my response to the load of crap that my ex told the OL, but finishes his e-mail with the statement, "You advised before Christmas that you were coming in to recommence payment on your account, but did not. I wish to be paid up to date. Please advise how this will happen".
I feel that I've been neglected and ignored for weeks now, and I've done a TON of legwork and research trying to keep my lawyer's efforts and expenses to a minimum.. I've even offerred to 'hold' when his other line is ringing, assuming that my clocked time will be adjusted accordingly, but it was not. I've repeatedly reminded him of details again and again, and waited while he dug out my file. Now, I know that he's got other clients and cases to deal with, but I feel that because I haven't been pushing him on a weekly basis for the last two monthes, he's forgotten half of what I've already told him (at $200 per hour, that's a lot!). Why should I keep paying to remind him of the details?! And if he's bailing out on me now, by asking for full payment (and I don't know that he is, by the way), what the hell do I do? Admittedly, I'm not very trusting of anyone these days, but I feel like he's manipulated me into this position of debt, only to stick it to me now, when our case is supposedly better than ever, and is trying to back out on me. He told me monthes ago that as long as I would continue to make efforts to pay him something on a regular basis, he would fight for me, because he believed in me and my situation, and understood how difficult it was for me trying to support myself and two small kids with no income. He's continually pushed that we continue with the fight, discouraged me from pursuing mediation (on the basis that my ex wouldn't follow through anyway, and he's likely correct on that assumption), and told me again and again that I have a good case and any good lawyer would encourage my ex to settle out of court. However, when my ex got a fourth impaired charge in October (in my mind, validating the concerns I stated in my initial affidavit about his alcoholism and my fear he was drinking and driving, etc.), my lawyer's response to me was, "Yes, he was drinking and driving, but do you have proof that he'd do it when the kids are in his care?". I know, he's playing devil's advocate, but my thought is that if I needed that proof, a) my kids could be dead before I get it, and b) if that's the case, why the hell has he claimed we've got a really good case? The guy is (now) an admitted alcoholic with a track record of drinking and driving, driving without a licence, breaking court orders.... How much more does he have to do?
Is my lawyer now 'jockeying' for position? Now that our case looks really good, he's forcing a payment issue? It's not like I have the money, but cannot be bothered to pay him; I don't have it! What do I do? Can he just bail on me now? If so, should I just represent myself?
I've contacted/attempted to contact my lawyer several times in the last two monthes, particularily about coming in to the office to make some payment (he only has an assistant; no collegues, no secretary.. so if he or the assitant are not in and available, payment cannot be left with anyone), but have not received any communication back regarding that, or regarding my numerous requests to arrange a meeting to discuss my concerns about the case.
This morning, I received an e-mail from my lawyer, saying that he's been in contact with the OL, and wants my response to the load of crap that my ex told the OL, but finishes his e-mail with the statement, "You advised before Christmas that you were coming in to recommence payment on your account, but did not. I wish to be paid up to date. Please advise how this will happen".
I feel that I've been neglected and ignored for weeks now, and I've done a TON of legwork and research trying to keep my lawyer's efforts and expenses to a minimum.. I've even offerred to 'hold' when his other line is ringing, assuming that my clocked time will be adjusted accordingly, but it was not. I've repeatedly reminded him of details again and again, and waited while he dug out my file. Now, I know that he's got other clients and cases to deal with, but I feel that because I haven't been pushing him on a weekly basis for the last two monthes, he's forgotten half of what I've already told him (at $200 per hour, that's a lot!). Why should I keep paying to remind him of the details?! And if he's bailing out on me now, by asking for full payment (and I don't know that he is, by the way), what the hell do I do? Admittedly, I'm not very trusting of anyone these days, but I feel like he's manipulated me into this position of debt, only to stick it to me now, when our case is supposedly better than ever, and is trying to back out on me. He told me monthes ago that as long as I would continue to make efforts to pay him something on a regular basis, he would fight for me, because he believed in me and my situation, and understood how difficult it was for me trying to support myself and two small kids with no income. He's continually pushed that we continue with the fight, discouraged me from pursuing mediation (on the basis that my ex wouldn't follow through anyway, and he's likely correct on that assumption), and told me again and again that I have a good case and any good lawyer would encourage my ex to settle out of court. However, when my ex got a fourth impaired charge in October (in my mind, validating the concerns I stated in my initial affidavit about his alcoholism and my fear he was drinking and driving, etc.), my lawyer's response to me was, "Yes, he was drinking and driving, but do you have proof that he'd do it when the kids are in his care?". I know, he's playing devil's advocate, but my thought is that if I needed that proof, a) my kids could be dead before I get it, and b) if that's the case, why the hell has he claimed we've got a really good case? The guy is (now) an admitted alcoholic with a track record of drinking and driving, driving without a licence, breaking court orders.... How much more does he have to do?
Is my lawyer now 'jockeying' for position? Now that our case looks really good, he's forcing a payment issue? It's not like I have the money, but cannot be bothered to pay him; I don't have it! What do I do? Can he just bail on me now? If so, should I just represent myself?
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