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Old 07-15-2010, 09:22 AM
Hephzibah Hephzibah is offline
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Default Lawyer? Mediator? What's her role?

We've been to court 10 times and my ex has been unwilling to produce documents, follow court orders, pay support, etc. His lawyer finally fired him because he wouldn't work with his lawyer so he is representing himself. Eventually the court evicted him from the home and had me sell it. The proceeds from that are sitting in my lawyer's office pending him finally doing what it takes to get to settlement - almost 24 months after we separated.

My ex called my lawyer yesterday because his retirement firm and his government pension finally decided to act on the garnishments - so he only got $6 income for the month.

My lawyer has said many times that the court has to "mollycoddle" (her word) a litigant who is not represented.

Now why she is trying to negotiate the settlement, I do not feel like I have a lawyer (although I am paying big bucks for her); but she seems to be put in the position of mediator. Thus, I don't feel I have legal representation.

Any insight on how to look at this differently? How to work with my lawyer to get this behind us quickly?

Ex told her he wants this settled by noon today as he needs money to survive. She told him she found it rather ironic that he didn't care if I lived on substandard income for two years but the minute he was inconvenienced, then he suddenly wanted to make things right!

Open to ideas on how to approach this.

Old 07-15-2010, 09:47 AM
Mess Mess is offline
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Do you want to spend more money on a trial and wait longer for a settlement or do you want to settle it by noon today and have the house proceeds freed up and get on with your life?

Your lawyer isn't mediating, they are working for you, but they are seeing that a settlement is quicker and cheaper for you than a trial.

If you have a specific goal, tell your lawyer what your bottom line is, how far you will go in negotiations and tell them not to waste time suggesting a deal that you won't end up agreeing to.

If you want to go to trial, then tell your lawyer that, and tell her to stop wasting time with the ex in the meantime.
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