Abandoned by lawyer

[lookingtoleap]

I am in a relationship with a married woman. Never thought I'd be writing those words, but life is funny. I'm writing this in the hope that someone could offer us some helpful advice.

We were both in unhappy relationships for a very long time, over 15 years in each case. And though we tried very hard to make our respective marriages work, we could not. We love each other very much, and want to be together, but her husband is doing all in his power to prevent it and by his own admission...ruin her life.

She (I'll call her Jill), is a very gentle person, used to years of bullying and giving into his tantrums. Well, this fellow is such a bully, that he's even scared her lawyer away.

Today Jill got a note from her lawyer indicating she feels that Jill no longer wants her representation. This after one year and $20 000.00 paid to the lawyer! Jill has been cooperative at every stage, giving the lawyer all the information she requested in a timely fashion, and being guided by the lawyer's suggestions. We feel that the lawyer is simply trying to get out of handling the case because she's intimidated by Jill's husband.

The situation is incredibly stressful for Jill right now. She feels trapped in the home with him because the kids don't want to leave it and she won't leave her kids. He calls Jill awful names and threatens her with false accusations. He tells her she's not entitled to half their home, (Jill is asking for no more than that), and tells her to get out.

How can we find a strong lawyer willing to take on this bully? Does Jill have any recourse against the lawyer who has effectively chickened out and abandoned her?

I want to help her, and don't know how.

[Mess]

"Jill"'s husband is making false accusations. But "Jill" is still living with him and having an ongoing affair with you, for at least a year (how long, you actually don't say.) He seems to have plenty to accuse her of without making shit up.

"Jill" could frankly leave at any time. You are on a message board filled with hundreds of members who have done just that, and many of us were in worse circumstances than "Jill".

You say you want to be together with "Jill" and she with you. So why don't you take her in, along with the kids? At least temporarily?

You feel that "Jill" has provided her lawyer with full co-operation, guided by her lawyer at every step of the way... and she is still living with her husband after a year? I'd say "Jill"s lawyer might be right to be scratching their head over this. However I find it extremely unlikely that "Jill"s lawyer is dropping her as a client in this way for the reasons you state, as it is illegal for a lawyer to arbitrarily drop a client like that. Perhaps "Jill" had decided to stop paying the lawyer?

Are you present in the house when "Jill"s husband calls her awful names, or is this just heresay? Perhaps "Jill"s husband has reason to call her awful names if she's been carrying on with another man and still living in the house with him and their children?

Either you are pulling our legs, or "Jill" is pulling yours. The entire tale sounds bizarre, and certainly any lawyer who operated the way you describe would be disciplined by the Law Society. Lawyers, on the whole, don't make it through law school, nor through even 5 minutes in a courtroom, without a strong and usually agressive and competitive personality. If "Jill"s husband is that big a bully, I'm surprised her lawyer didn't simply call the police.

If you're actually sincere, I'd advise you that "Jill" is probably stringing you along and has no intention of leaving her husband.

[lookingtoleap]

You might want to check your penchant for guessing the worst about people when you feel the need to fill in blanks. I suppose very little constructive exchange could happen on this board if everyone judged the situations of others without knowing all the facts.

Perhaps I didn't do a good job of relating our whole story, but I didn't think that was relevant to the main concern here, which is that Jill's lawyer appears to be looking for a way out after collecting $20 000.00 with no sign of progress and a job much less than half done.

For those still willing to offer more constructive advice, let me assure you that Jill's lawyer has always had her bills paid in full and on time. She's not owed any money. She hasn't threatened to drop Jill as a client, but I think anyone in Jill's place would be justified in feeling that the lawyer is looking for a way out. Why else send such a note?

And since the matter was raised, the lawyer has not advised Jill to leave the house. In fact she's told her to stay despite the stressful situation at home because the kids don't want to change neighbourhoods/schools and the financial situation doesn't allow her to just pick up and move close by. Though at the moment I'm between residences myself, I would happily take them in, but I'm not in the neighbourhood, (too far from my job) and it would be incredibly awkward for the children to suddenly be forced to live in the same house with me.

I'm encouraged to hear that a lawyer can't arbitrarily drop a client, but is there anything Jill can do if the lawyer's attitude doesn't improve?

[Mess]

Yes, complain to the Law Society of Upper Canada, as I said above. If "Jill" isn't willing to take a simple step like calling the Law Society to take care of herself, there's nothing that we can do for her from here.

And stop being so defencive. You've written a fairy tale where your friend "Jill" is sweet and innocent and has done everything right with the lawyer but the lawyer has just up and abandoned her for no reason. Based on a story like that, no one can give you any logical sound advice because the situation makes no sense at all. Meanwhile you want to charge in as a white knight and rescue her, your version of events comes across completely one-sided and distorted. How the hell can anyone answer a question based on a fantasy scenario like that?

"Jill" is a human being with human flaws who is making human mistakes and those mistakes need to be corrected, by "Jill", not you, when "Jill", not you, becomes informed enough to make informed decisions. That is the solution to your problem.