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Smart Move? - Motion..HELP!

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  • Smart Move? - Motion..HELP!

    Just got a new lawyer, other one (same firm) took $6000 and did nothing...just to tell me a few weeks ago she doesnt have time for my case and is passing it to her associate.

    So the new lawyer asked for my journal that I have been keeping since May..it is very detailed and outlines each and every issues I have ever had.

    He says he found it disturbing, he mentions child neglect, parental alienation and eratic behaviour, he suggested a motion for primary residence and custody until out SC in January.

    To be honest I am nervous, I told my previous lawyer everything, this guy is so quick to jump on it.....I dont know what to do. I dont feel 100% about it only because this is all based off of my journal alone.

    I want to put my trust in my lawyer..but he's young/new and my experience with the first one was crap.

    My questions are:

    Is this a smart move?
    What happens at a motion?
    What happens if I am not granted what I am asking for?
    What happens if I am?

  • #2
    Make sure you get a detailed statement of account for previous lawyer (finish any unfinished business with that) so you know how much you have in your trust account going forward with new lawyer.

    I had good experience with young lawyer. They can be much more ambitious and willing to put in the work simply because they want to establish a name for themselves. You should be getting the young lawyer for a lower rate than what you would pay for a older seasoned lawyer.

    Journals can be a good thing if they aren't too lengthy. Remember, you are paying for this lawyer's time to read the journal. Perhaps you can do a "Readers Digest" version of the journal and reference page numbers. Always try to keep correspondence and conversations to your lawyer brief and to the point. Emotional stuff is just that - stuff.

    Your questions:

    1. Only you will know that in time and be able to weigh according to the results you get. Sounds like your previous lawyer was useless so things are probably looking up for you.
    2. You and your lawyer are in court. Your ex and his lawyer are in court. The two lawyers present their arguments and the judge makes a decision or adjourns it to another date. Many lawyers make mistakes on booking motions in wrong time of day. This is a delay tactic. Annoying as it costs everyone money.
    3. & 4. You may not get 100% of what you request but partial. In this case you and your ex will both be responsible to pay for your own costs. If one of you is successful your respective lawyer would ask for 'costs.' If you read your "rules of court" it outlines what legal costs are recoverable. Don't ever think you will get all of the money back that you have to pay your lawyer. It never works that way.

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    • #3
      I'd personally be wary of the billing associated with a lawyer reading everything. I hope it is good intentioned, but it could go either way.

      My first lawyer was very eager to read all my notes and I assumed this was great, that he cared and was looking out for my best interests. In this particular case I learned very quick that he simply claimed to have written letters based on his readings and tried to bill me for them. When he was unable to even show me these letters I did not ask him to write, I flatly refused to pay him. He first threatened to sue me. I stood my ground and the lawyer then claimed it was not worth his time to pursue it. I walked.

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      • #4
        Originally posted by Itsworthit View Post
        He says he found it disturbing, he mentions child neglect, parental alienation and eratic behaviour, he suggested a motion for primary residence and custody until out SC in January.
        Client baiting. Be mindful of that. I would really recommend you consult with 3-4 other lawyers and see if you get the same response. Some lawyers are nothing more than a negative advocate who will suck you in and pull your strings. You have been warned...

        Good Luck!
        Tayken

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        • #5
          Thanks everyone....and really...I guess I am really ignorant to the fact that I could be taken for a ride from someone in such a position.

          Makes me think because yesturday he told us all about how he sees the motion going.....great.... while ending the conversation he mentioned that he will need $2000 in order to start the paper work because my retainer is exhausted mostly due to the fact that he had to go through my massive file. I wasnt happy and questioned the fact, even called my old lawyer and asked why, her reply was that she would have to go through it again anyhow and that yes it is my obligation to pay for the new lawyer to be up to date even though I have him because she didnt have time.

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          • #6
            well I got brave and sent a lawyer email questioning the clerk's directions. I was told that financials need updating 30 days prior to settlement conference. So I spent a day with her reviewing, providing evidence to update my current financials.

            He sends his stuff---nothing changed---errors still there---even though my lawyer wrote letter outlining what needs to be changed.

            I ask clerk--she then says --oh, if no changes you can use your old one. Why didn't I get that option????? Asked lawyer the question----let's see this response.

            I now wonder if law clerks get bonuses on the amount of money they produce.

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            • #7
              A whole day spent with lawyer could easily set you back 4k. (how much with clerk?) Was it worth it?

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              • #8
                it was with the law clerk, not the lawyer---and no it was not worth it. IT is the current financials------in fact some stocks did better--so my value is more

                the ex---he took 300,000 off his RSP and other financial omissions and errors--
                his---looks like he has less than me (dahhh!!) because he didn't correct anything -----(he could have fixed his based on our financial and letters we sent him telling him his errors)

                I trusted the clerk when she said i had to update---she wasn't fully open about it--that's why I wonder if they get a bonus for their billing.

                I also photocopy 4 copies of everything---photocopy bill $120 or something this month.

                Comment

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