Dealing with Lawyer

[Links17]

I have a lawyer with 25yrs experience, charges 200$ per hour (20 min increments) - not bad I think....

I walked in his office the first day and said I want to retain you and the first thing I want you to do is get a psychosocial evaluation. He said ok....
5500$ later, the evaluation was accepted by the other party and the evaluation will cost me another 4k$ (the hill for a man to get shared custody is steep!)

I told my lawyer I wasn't happy with the amount based on the task I Asked him to accomplish (too may unnecessary steps to achieve what I asked, I believe) and that I asked for a specific thing and it cost way more than I expected... he sort of said bad luck.

I suggested we have a limited scope relation and he said no.... Full rep or no representation

Not sure what I should do here... I am looking into getting another lawyer for a limited scope rep, pay 500$ a month for 2 1hr meetings and dealing with the communications and the rest myself.

I am also not happy as I feel some actions he took were done without consulting me (he drafted a new agreement - offering lump sum settlements w/o speaking to me about drafting the agreement nor the idea of lump sums) and originally he drafted full offers when all I wanted to do was get custody of the children settled (by getting the eval)....

[arabian]

I don't know of any reputable lawyers who will go on a limited retainer. Your lawyer gave you his answer. Pay your bill and move on. It sounds like you are not happy with your lawyer and unsatisfied with the work he performed. It is now a "poisoned" relationship.

From what I see here on the forum, to be self-represented requires a ton of work and dedication on your part to inform yourself on all the legalities of the case. In my opinion it is quite arrogant. However, with that said there are many people on this forum who have done quite well for themselves by being self-represented but they have worked their assess off to educate themselves in many aspects of family law. Do you have what it takes to to that? Do you have the time?

I'd think very carefully before you blow off a lawyer who has worked hard for you in the past. Many times we don't get the outcomes we would like and, yes, it is a matter of bad luck sometimes. We have to suck it up and move on.

If you have lots of time, determination and an attitude to learn then you might do ok.

Maybe others on here will give you their opinions on how much hard work is required to self-represent.

Good luck to you

[Links17]

Thanks!

Hard Work > Money I don't have (or have to borrow)

I think limited scope representation is the best tradeoff, you get the benefit of the advice and experience of a lawyer and avoid all the expensive communications and then at the end you can have the lawyer review the final agreement to make sure its covered the bases.

I have a bit of experience actually in negotiations in other settings and been to small claims court once (and did well).

I know a lawyer would do a better job than me but is it going to be worth 20k or more vs having a limited scope consultant? I figure while the divorce is bad the cost of it is probably an additional aggravating factor because I am obliged to pay for something because the other party wants to....

[FightingForFamily]

This isn't small claims court. You're getting divorced. Expect you will lose everything you accumulated during your entire adult life. You get to decide if most of it will go to your ex or to your lawyer but that's about it.

If your lucky you might escape with some credit, but many people also end up maxed out on credit and having to declare bankruptcy.

Expect you will live in a rented room in someone else's house for many years because you won't be able to afford more.

Expect that if you own a car at all, it will be the cheapest beater you can find that fits car seats for your kids.

Expect that 20k/year in legal fees is quite reasonable. Expect that it will take 3-5 years to finish the divorce.

Also expect at some point that your ex will involve the police and you may be forced to fight in both criminal court and family court at the same time. It's a common tactic.

The psychological evaluation was good but not necessary until it was required to resolve outstanding legal concerns (child protective services, outstanding issues with mental illness that were present during the marriage). Crazy people get custody of the kids all the time.

[caranna]

The LSUC in 2011 made amendments to limited scope relationship or unbundling of legal services. If you're prepared to interview another lawyer before hiring, be sure to discuss with him/her the details of this type of service. It could work but you need to be fully informed of both advantages and drawbacks of unbundling and also be assured of the lawyers' intentions and desire to work on your behalf. Also emphasize your requirements that you need to be consulted before execution of significant matters.

[hadenough]

FightingForFamily raises some good points/warnings. The litigation/divorce game is not for the faint of heart.. And it sure as hell isn't beneficial financially.

Self rep'g is a full time job. In my estimation, there are very few who pull it off successfully. A lawyer who has a clear understanding of your matter and expectations (and your budget) should be able/willing to represent you and obviously you would have a lot of input. But don't forget that old saying about having a fool for a client if you self rep. It can have disastrous consequences.

[OrleansLawyer]

I have a lawyer with 25yrs experience, charges 200$ per hour

Not to look down on a good deal, that seems suspiciously low for a lawyer with 25 years experience. $200/hr would seem appropriate for someone with 5-10 years post call.

I feel some actions he took were done without consulting me (he drafted a new agreement - offering lump sum settlements w/o speaking to me about drafting the agreement nor the idea of lump sums) and originally he drafted full offers when all I wanted to do was get custody of the children settled (by getting the eval)

Communication seems to be a major issue. If your lawyer is making offers on your behalf without consulting you, you may wish to terminate their services. I would re-read your retainer agreement before anything else, however.

I don't know of any reputable lawyers who will go on a limited retainer.

The most common reason to do so is if the client needs something done but cannot afford the full ride. Often it assists a client get through certain steps, such as drafting pleadings or pre-trial negotiations.

I'd think very carefully before you blow off a lawyer who has worked hard for you in the past.

Sound advice. Particularly since changing lawyers will always raise the question of "why" in the mind of the next lawyer.

I think limited scope representation is the best tradeoff, you get the benefit of the advice and experience of a lawyer and avoid all the expensive communications and then at the end you can have the lawyer review the final agreement to make sure its covered the bases.

You don't get what you don't pay for.

This isn't small claims court.

Small claims court is 90% self rep with rules that can be summarized as "if no one cries foul things are okay" and a limit of 15% cost awards. As this posted has indicated, I would not take small claims court experience as being worth anything in the superior court.

Expect that 20k/year in legal fees is quite reasonable. Expect that it will take 3-5 years to finish the divorce.

While possible, many people are able to finalize divorce matters for under 10k and under two years.

[NBDad]

My own former lawyer had like 30+ years of experience, and charged $400/hour.
In freaking New Brunswick.

He quoted me the following:

"In high conflict cases, you are looking at 1-3 years and 10-30K to get a signed final order in hand".

In my case, (and he called it one of the highest conflict cases he had ever seen) it was 10K and about 1.5 years, so he was pretty dead on accurate.