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My Lawyer is bailing even after I signed a Direction for their payment.

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  • My Lawyer is bailing even after I signed a Direction for their payment.

    Today I had a teleconference with the senior partner at my lawyers firm. My lawyer has left for an extended medical leave until April. Before coming to this firm I had a legal aid certificate. My lawyer agreed to take on my case and agreed to receive payment from when I received my portion of the settlement by way of a signed direction because there is a matramonial home and assets. Now that my lawyer is on leave the senior partner won't allow anymore work to be done on my case until I pay them the $5000 that's been spent since October 2009. They've said because my name is not on the house, there is not a good chance I will get my money and thus they will not get paid. Huh???I said. What was the point in me signing the direction. There is equity and money, but its all in my financially dominating ex's name. They've let me go but luckily are not leining my file so I can proceed to represent myself. They want me to sign a payment plan. Question: After I sign the payment plan of $200.00 per month, can I still have the bill reviewed and audited. I'm livid because there has not been any progress since October and its only made my situation worse by setting a status quo in the custody/access part. The law firm also said that I would not be able to break out custody /access and represent myself if they were to continue on and handle the financials. They say they would have to take on the whole case. How can they monopolize my issues? This only runs up the bill. They don't even beleive my access issue is changeable. I know it is because its HIGH CONFLICT, NON COMMUNICATIVE, NO COOPERATION from the father and he's financially dominating the separation and exerting that power against me and my ability to see the children as ordered.
    I just need the lawyer question answered. I feel like they totally took advantage of me. Whats my recourse. After signing a payment plan that they want me to do, can I still have their bill assessed. What do I do.

  • #2
    i would think that once you sign a payment plan you may be in trouble. To me it is basically saying that you agree with the bill. Talk to the law society first and see if there is any recourse available for you before you sign anything.

    Not sure why they feel they have to take on the whole case or nothing. They work for you, they handle what you want them to handle on your terms, not theirs. They have the choice not to take your case at all.


    • #3
      Motions and Temporary Custody/Access Orders

      Representing myself I have now got the paper work to put forward a motion to change the temporary custody and access order. When will this order become the final order.

      Ex is self employed. What supporting evidence do I use to ask the judge to impute his salary? Can this be heard at the same motion.

      Interim equalization: How can I get this done on my own so I can get some cash flow? We have several appraisals of the home now, I have all the assets listed and values put to them. My last lawyer said because he is in possession of all the assets (I left abruptly and he is keeping everything, including my own personal stuff....won't give it back), how do I have those values imputed on him.

      Is dealing with this too much for one judge to hear (will he get peeved off?) I'm writing my affidavidt and its going to be at least 8 pages when I condense it (I'm keeping it brief but there are so many inicidents of uncooperativeness and examples of ex not communicating). I'm listing them all so that the judge see's the nightmare I have to go through. I'm providing Exhibits (I have the affidavidt guidelines from the court) and am following them. I don't want to loose the judge in the affidavidt.


      • #4
        Do the judges read the affidavits? From the court sessions I observed, I didn't get an impression that the judge read anything longer than half-a-page text prepared for the judge by a court clerk.

        I asked my lawyer's assistant about some point in my ex's affidavit, and she very seriously said that she never reads the affidavits. Go figure why we are writing these affidavits... Maybe, to annoy our ex-spouses who, probably, are the only people who could read them to the end.


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