Unhappy with Lawyer

[paceman]

Thanks for all the responses......I am pasting here my previous post where I described my situation hope you would get an idea what I am looking for..

http://www.ottawadivorce.com/forum/f...-advice-19607/

[ifonlyihadknown]

Just remember that the lawyer is working for you. You hired them and you can fire them.

If you ask your lawyer what is their strategy and approach, and how long things should take they should be able to give you a coherent reply. A good lawyer will let you know what is going on. They will probably bill you but it shouldn't be more than a 5 minute conversation.

[Links17]

Lawyers are professionals they are not obligated to do what you tell them if it is stupid or abusive.

[blinkandimgone]

What is he not willing to put in and what reason has he given?

[paceman]

I am also having similar situation, the file is not moving as my lawyer is not responding my request to finalize the separation agreement. He is not willing to put what I want in the agreement, but I thought I am paying for this type of service! I spent lots of money for very simple case (6yrs marriage /no kids/no charge). I want my case to be done within few months as its taking way too long..almost 16 months!
Now if I want to discontinue with him, what should I say and what will happen to my file, how can I get it from him? whats the process? Also looking for recommendation of a good lawyer in Ottawa.

[fatherles]

CanLII - 2007 CanLII 16631 (ON SC)


Here is another case where the same lawyer question about his fees


William G Shanks

[fatherles]

CanLII - 2009 CanLII 40559 (ON SC)

Here is a case where the lawyer get out of control with his cost

William G. Shanks

[Franklin]

Great response. Perfectly directed that's the system.

[mememe]

I agree with you. I keep reminding the law clerk --she is doing the letter of the law in what she records etc.; but what and how she records it does not consider that there is a human being you once knew and married, and that that insight has some merit. Things the lawyers say will never happen---happen---because hopefully the spouse still has the trait that you were attracted to in the first place.

[Mess]

that's why people self-rep---besides money--you know your case better than your lawyer.

We depend on lawyers to be our primary source of information about the law. The lawyer should depend on us to be their primary source of information about the case. Sometimes it feels like they don't, they just treat the situation as a paint-by-numbers proceedure.

[mememe]

client paying for his time and then he/she gets to double charge----I bet most lawyers do that.

the delay in sending stuff----lawyer, without directly saying sorry---apologized and said they would hire more staff

changing appointments---out of our hands---the stbx lawyer has cancelled /changed appointments---and claimed was sick----but was at work with my ex --as confirmed by the ex--in writing

saw a court case with stbx lawyer, where judge commented that their lateness in getting things to the other side inappropriate----

it is not my irrational behaviour---did that a long time ago-----

the other thing is----sometimes we know the stbx better than the lawyer and something you believe they will 'honour" and the lawyer says no----sometimes you are right and have to keep pushing-----

that's why people self-rep---besides money--you know your case better than your lawyer.

[FB_]

Ever consider, for a moment that there is no urgency and that you may just be over-anxious.

The time lines you have provided are quite normal in fact... Your lawyer may be doing you a favour by not responding and going forward with nonsense you are requesting them to do. This saves you considerable legal fees if your lawyer ignores your nonsense.

Would you want a lawyer who will happily charge you $260-$600 an hour to listen to your possibly irrelevant "evidence" and "emotional reasoning"?

Good Luck!
Tayken

Agree this may be a sign of a good lawyer.

Once I stopped using him as a therapist I calmed down and focused on what needed to be done. Which at the time was nothing, it was just a waiting game for my motion. I had provided my offers to settle. I was not willing to negotiate anything but 50/50. So I waited.

[Tayken]

I feel as though there is no sense of urgency from my lawyer.

Ever consider, for a moment that there is no urgency and that you may just be over-anxious.

The time lines you have provided are quite normal in fact... Your lawyer may be doing you a favour by not responding and going forward with nonsense you are requesting them to do. This saves you considerable legal fees if your lawyer ignores your nonsense.

Would you want a lawyer who will happily charge you $260-$600 an hour to listen to your possibly irrelevant "evidence" and "emotional reasoning"?

Good Luck!
Tayken

[mememe]

How do you find a lawyer that will "consult" with you if you are self-repping? I empathize and sympathize with lawyer issues. I think they are the only profession (family lawyers that is) who can charge for:

making appointment changes---

double billing: in court/questioning with you for the day and then take another client call and bill both of us

pay for faxing and the charges for photocopying are ridiculous

make you feel guilty about challenging their charges ---


charge me for telling them I have bought a home for myself--a single line email-charge if you find a spelling or spacing error and they correct it (I thought they would want a "professional" look to their stuff---guess not-times have changed)

I am thinking more and more of self repping considering the waste of money --I don't feel i am moving forward.

all i know is that the law clerk is always finding ways to bump up my bill. i think she is on commission.

[plainNamedDad44]

So, i'm not sure if what I am experiencing with my lawyer is normal or not....looking for some guidance.

The process started in January 2013 by the ex.....to date we have had a case conference (April) which resulted in a temp order and since then, nothing (there were a few situations during the summer that had to be taken care of ASAP) After an ugly dispute at the end of August my lawyer said we needed to get in front of a judge ASAP, she suggested an interim offer to settle until the case conference date, I approved and off the offer went to opposing council (Sept 11).

Sept 23, I still havent heard anything, emailed my lawyer and didnt get a responce.

Sept 25, I called and was told she thinks that she hasnt heard anything because there is no CC date set yet and or the ex is avoiding her lawyer (very likley) she said I could service her with the offer myself, in the meantime she said she was going to call to get a date.

Sept 26, served ex with offer....she threw it on the ground!!! There is my answer, I guess!! lol

Sept 27, let lawyer know and she said she was sorry to hear that (via email) asked about a CC date and she said she would call.

October 2, had my gf call our lawyer, got VM and left a message.

I feel as though there is no sense of urgency from my lawyer. I have spent over $6000 and have nothing (there have been offers and motions drafterd etc... just for the ex to refuse everything). Why is it taking so long. Everytime I speak to my lawyer it seems like she is rushing me, everytime I go and see her I get the feeling she doesnt want to hear my details. I feel like asking her who's side she is on. The longer she leaves this the better it is for my ex...not me.

I am not happy at all, I feel like I have no faith in this lawyer, I dont know how to tell her all this nicely and to be honest I am afraid that if I come out and say what I feel she will say she doesnt want to work with us, which may be a blessing but at this point I cannot afford another retainer. Would I be better off self repping than to have someone like this OR is this normal??

Your situation sounds like mine. I fired my idiot lawyer. Who by the way I had assessed and reported to the LSUC. I got back 8.000 in fees. 6,000.00 is nothing compared to what some people have been taken for.

Trust your gut. Fire your lawyer and take the bull by the horns and self rep. Keep a lawyer in the back ground if you need to consult one. This forum is also excellent for self rep'ers.