Former opposing lawyer refusing to reply

[ringettteplayer]

Hi everyone hope you are all well

My divorce drama continues,
I was awarded (court order)the full proceeds from the sale of the house.
The problem I need help with is the respondants first (now former) lawyer is holding these funds, we (my lawyer) have emailed her on several occasions sent her the court order to release the funds (this has been over a month of trying to establish contact) and no response. Zilch nothing.


1. What are the most "results oriented" (options) instructions I can instruct my lawyer? As i realize this is now going to cost me financial stress.



Thank you all in advance.

[standing on the sidelines]

I would report it to the law society and get them involved, No sense in paying your lawyer to do it.

[Once.is.enough]

How old is the order? Is it possible an appeal has been filed?

[Janibel]

If all else fails, have your lawyer send a subpeona for the funds. If this can be done, it would be worth the costs.

[ringettteplayer]

The order was granted in june 2014.


I also just found out that the respondant owes this lawyer several thousands of dollars in (unpaid) legal fees since december 2013 if that gives any insight to this situation.

[Janibel]

The order was granted in june 2014.


I also just found out that the respondant owes this lawyer several thousands of dollars in (unpaid) legal fees since december 2013 if that gives any insight to this situation.

Does your final order stipulate that you would be in any way responsible for those unpaid fees? If not, the lawyer has no legal right to withhold your cash award against money owed to him by your EX? It would be his problem to collect on this, not yours IMO.

Have your lawyer send a registered letter giving him 10 days to pay up or face legal action.

[ringettteplayer]

Update: opposing lawyer refuses to give me the money i am court ordered to receive. Sent the court order twice, she said she should be entitled to keep what the ex owes her in lawyer bills. In other words i should pay his lawyer bill. I am beyond pissed off and frustrated as this is unethical as she is taking food from my table, she should of protected herself now its going to cost me $$$$ to get the money.

[HammerDad]

File a complaint with the Alberta Law Society - Complaints About Lawyers

You never retained them as a lawyer and have no obligation to remit any payment to them on behalf of your ex. They must release the funds that belong to you and can seek payment of any outstanding legal fees from your ex.

[standing on the sidelines]

Update: opposing lawyer refuses to give me the money i am court ordered to receive. Sent the court order twice, she said she should be entitled to keep what the ex owes her in lawyer bills. In other words i should pay his lawyer bill. I am beyond pissed off and frustrated as this is unethical as she is taking food from my table, she should of protected herself now its going to cost me $$$$ to get the money.

totally unethical on her part. Unless you had costs awarded against you she doesn't have a leg to stand on.

[Pursuinghappiness]

Update: opposing lawyer refuses to give me the money i am court ordered to receive. Sent the court order twice, she said she should be entitled to keep what the ex owes her in lawyer bills. In other words i should pay his lawyer bill. I am beyond pissed off and frustrated as this is unethical as she is taking food from my table, she should of protected herself now its going to cost me $$$$ to get the money.

It shouldn't cost you any money in the long run since you'll be suing for costs. There's zero basis for the lawyer to keep your money and they're going to get their butt handed to them when you sue them. Make sure you ask for the interest you would have earned on the money.

[arabian]

A simple letter from your lawyer to the judge who signed the order should suffice. It can be faxed.

[ringettteplayer]

Thanks everyone! Hi Arabian long time no chat!!

The update is my lawyer has told her we already have an application to the court she can bring her application forward to the judge which my lawyer thinks she will simply release the funds and not come to court as the cs support arrears are higher (arrears are $50 000)than the funds she has in trust. Part of it was to be distrubuted against the arrears so actually the lawyer is witholding cs arrear payments to maintenace (Imo) I hope should she come forth that the judge rearranges her attitude since she is acting greedy and witholding money from a single mom
Disgusting my stomach just turns $300 an hour to my $20
(hands over mouth witholding from cussing)
There is a court order and a letter from the real estate attorney that she at the time agreed to that states the funds only be released by order of the court which we have.
Bullshit -sorry that one slipped

[arabian]

Sometimes these judges direct some crumbs to the other lawyer (judge did in my situation after our JDR as I recall) because, don't forget, judges are lawyers as well.

[ringettteplayer]

Stay tuned

Well stay tuned everybody! That lawyer refuses to release the money we will be in court with her later this month! Fingers crossed for me please that this lawyer doesnt get any crumbs from my kids table via the judge. Im passes being pissed off im just hurt., hurt from the ex's lack of disclosure and witholding cs and ss payments and now his former lawyer.
Hell hath no fury like a divorce lawyer.
Entitled..... Pffft

Stands back may lighting strike

[mcdreamy]

Did the lawyer advise yours of her reasoning behind the refusal to release funds? When monies are placed in trust they are bound by conditions before release.

Have all of the conditions been met? [because the release has nothing to do with crumbs on tables]