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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 05-15-2019, 10:00 PM
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CoolGuy41 CoolGuy41 is offline
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Default Can/should I fire my lawyer after I win?

My lawyer has thoroughly defeated the opposing counsel. Normally in such a case, my counsel would draft the court order (and bill of costs). He hasn't done it. I don't imagine any way for the other side to overturn the judgement if I start to self-rep at this point. But the counsel of the winning party normally drafts the order. Has anybody been in this situation? The court did not direct anyone in particular to draft the order. Who should draft the order if I were to fire my lawyer?
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Old 05-15-2019, 10:06 PM
BetterRobert BetterRobert is offline
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I'm a self-rep currently at a draft order stage on my case, but it's certainly not the last move to be made. If we don't come up with a settlement, there's still a trial on the table.

Is this order the last play in your case? Do you have an endorsement from the judge? Are you competent enough to draft an order and bill of costs?

If yes to all three, I would say fire away.

Rule 25 of the Family Law Rules may have some pertinent information for you as well.

Here's a guide to preparing and signing of orders:

https://s3-ap-southeast-2.amazonaws....ers-vFinal.pdf
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Old 05-16-2019, 08:33 AM
iona6656 iona6656 is offline
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Another option would be to go to a limited scope retainer. Basically- you and your lawyer come up with a retainer agreement where you do w,x,y and they only do z.

w,x,y can be things like correspondence, drafting and filing orders, etc...you guys set the terms. That way they're still on the file.

Are you unhappy with your lawyer?
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Old 05-16-2019, 08:43 AM
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Quote:
Originally Posted by CoolGuy41 View Post
My lawyer has thoroughly defeated the opposing counsel. Normally in such a case, my counsel would draft the court order (and bill of costs). He hasn't done it. I don't imagine any way for the other side to overturn the judgement if I start to self-rep at this point. But the counsel of the winning party normally drafts the order. Has anybody been in this situation? The court did not direct anyone in particular to draft the order. Who should draft the order if I were to fire my lawyer?


Have you asked why they havenít done it? My partnerís lawyer has one bad assistant who drops the ball. He has to light a fire under them to get shit done.

Could you draft the order and just have them review it?

At this point everything is done, the other side canít do anything about the order if it is in line with what the judge said. I donít think there is a problem with you self repping, the other lawyer may pull a stunt about you changing representatives but still, you have a decision.
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Old 05-16-2019, 01:38 PM
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He hasn't done it because he was busy quitting and setting up his new practice as a sole practitioner. I have a template for the order; it'll take me about about half an hour to draft it. It's only 6 terms. I'm tempted to go it alone all the way (been fantasizing about separating from my lawyer & stopping the bleeding for a while now), but I will propose a limited retainer with a hard cap on fees instead. That seems to be what my mom and all the women who have replied here are advising me to do. Maybe he'll agree to it and maybe he won't but ether way it will stop the bleeding.
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Old 05-16-2019, 03:08 PM
iona6656 iona6656 is offline
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Quote:
Originally Posted by CoolGuy41 View Post
He hasn't done it because he was busy quitting and setting up his new practice as a sole practitioner. I have a template for the order; it'll take me about about half an hour to draft it. It's only 6 terms. I'm tempted to go it alone all the way (been fantasizing about separating from my lawyer & stopping the bleeding for a while now), but I will propose a limited retainer with a hard cap on fees instead. That seems to be what my mom and all the women who have replied here are advising me to do. Maybe he'll agree to it and maybe he won't but ether way it will stop the bleeding.
every other week I have to talk myself out of going it alone. "stopping the bleeding" is a great term....but it doesn't seem worth it at this point- if he's getting you what you need, just manage him.

also, moms know shit.

(I was originally going to say- "women know shit"...but...no we don't; else if, there wouldn't be so many of us on this board).

what did your lawyer get you with this order?

Last edited by iona6656; 05-16-2019 at 03:10 PM.
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Old 05-16-2019, 03:49 PM
rockscan rockscan is offline
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My partner asked why I couldnt represent him. It was obvious why that was a bad idea. Then he hyperventilated every time he had to write a cheque with several zeros on it. Then he would stress for weeks that this whole thing was stupid and he should just give her what she wanted. Then his lawyer kicked her ass at the motion and she had to pay costs.

He felt a little better after that.

She finally got a lawyer herself so he is stressed it will just be her lawyer doing the same thing.
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Old 05-16-2019, 07:17 PM
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Quote:
Originally Posted by iona6656 View Post
what did your lawyer get you with this order?
The judgement has been posted online and I'm not willing to go so far as to share the link on this forum, so I can't tell you specifically what I got.

Quote:
Are you unhappy with your lawyer?
I'm just kind of unhappy in general.
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