Clean-up of confusing settlement terms after divorce

[Frazanthe]

What is the name of your state (only U.S. law)? IL

Hello, need some help.

My lawyer is withdrawing his services for a divorce case that was final 3 months ago, and also filing a petition to collect fees. There are still loose ends in the divorce settlement and I am now stuck working them out with my ex's lawyer. I am very unhappy with my lawyer's services(I was overbilled & poorly represented, in my opinion), but I paid most of my bill. He is not withdrawing because of non-payment, I thinkt he just wants to back away at this point.

Should I be in court at his withdrawal/fee hearing? Would the divorce judge deal with legal fees, wouldn't fee disputes be taken to small claims court? And is it normal to bill more fees for quitting after the divorce is final?

I am trying to get the other lawyer to fix the documentation but she wants to sue me for my ex's legal fees if she does this, or take me to court for contempt for not complying with it as written.

Thanks for your help.What is the name of your state (only U.S. law)?

[MFinancier]

Originally Posted by Frazanthe

What is the name of your state (only U.S. law)? IL

Hello, need some help.

My lawyer is withdrawing his services for a divorce case that was final 3 months ago, and also filing a petition to collect fees. There are still loose ends in the divorce settlement and I am now stuck working them out with my ex's lawyer. I am very unhappy with my lawyer's services(I was overbilled & poorly represented, in my opinion), but I paid most of my bill. He is not withdrawing because of non-payment, I thinkt he just wants to back away at this point.

Should I be in court at his withdrawal/fee hearing? Would the divorce judge deal with legal fees, wouldn't fee disputes be taken to small claims court? And is it normal to bill more fees for quitting after the divorce is final?

I am trying to get the other lawyer to fix the documentation but she wants to sue me for my ex's legal fees if she does this, or take me to court for contempt for not complying with it as written.

Thanks for your help.What is the name of your state (only U.S. law)?

Of course you should be at the fee hearing if you have any legitimate complaints about your bill. If he's withdrawing on his own accord (not terminated by you)...he may be doing so because he has reason to believe you will not pay him. Illinois Rules of Professional Conduct (Article VIII of the Illinois Supreme Court Rules) cover your fee agreements with him, and your Judge will hear a petition for fees from your attorney and decide whats fair depending on that agreement and the services performed. Then it's up to your attorney to collect any legal way he can. The real question is...what kind of "loose ends" do you have, what does your decree say about how these loose ends were supposed to be handled...and who was supposed to handle them. This could very well have an impact on the fees awarded to your attorney.

Here is some additional info...check out the whole thing online!

IL 750 sec 508

Any amount awarded by the court must be found to be fair compensation for the services, pursuant to the contract, that the court finds were reasonable and necessary. Quantum meruit principles shall govern any award for legal services performed that is not based on the terms of the written engagement agreement (except that, if a court expressly finds in a particular case that aggregate billings to a client were unconscionably excessive, the court in its discretion may reduce the award otherwise determined appropriate or deny fees altogether)

[Bali Hai]

Originally Posted by Frazanthe

What is the name of your state (only U.S. law)? IL

Hello, need some help.

My lawyer is withdrawing his services for a divorce case that was final 3 months ago, and also filing a petition to collect fees. There are still loose ends in the divorce settlement and I am now stuck working them out with my ex's lawyer. I am very unhappy with my lawyer's services(I was overbilled & poorly represented, in my opinion), but I paid most of my bill. He is not withdrawing because of non-payment, I thinkt he just wants to back away at this point.

Should I be in court at his withdrawal/fee hearing? Would the divorce judge deal with legal fees, wouldn't fee disputes be taken to small claims court? And is it normal to bill more fees for quitting after the divorce is final?

I am trying to get the other lawyer to fix the documentation but she wants to sue me for my ex's legal fees if she does this, or take me to court for contempt for not complying with it as written.

Thanks for your help.What is the name of your state (only U.S. law)?

Same crap my first lawyer pulled on me, only I fired him!! You are obviously the ex-husband in this matter. The judge would NEVER let this happen to the wife!!

Small claims court? You better hope the small claims court judge knows the lawyer and hates his guts, otherwise you'll be wasting your time!!

I don't know if your state has a commission that reviews judicial conduct like my state, but if it does, you can report the rogue judge and name all bum attorneys in your complaint. Not that it's likely to do any good, but at least you can bring some heat on these idiots.

[Frazanthe]

MFinancier, thanks for the quick reply.
Will the hearing be about specific fee amounts, or just permission to withdraw and for him to get paid, in general?I don't want to waste my time in court,esp since I don't have a lawyer and would have to miss work. I'm not sure I'm prepared to talk about details either.

Why does the orginal divorce lawyer deal with legal fees, isn't that a contract/small claims issue?

The loose end in the paper work was a mistake in an amount I'm supposed to pay, like when you write a check and it says "thirty three and xx/100" but in the box it says 43.00. There are two different amounts in two different places that describe the same payment. The number amount makes no sense, I'm trying to pay the amount described in words, which I think is what the judge ordered.

Thanks again.

[mistoffolees]

Originally Posted by Frazanthe

The loose end in the paper work was a mistake in an amount I'm supposed to pay, like when you write a check and it says "thirty three and xx/100" but in the box it says 43.00. There are two different amounts in two different places that describe the same payment. The number amount makes no sense, I'm trying to pay the amount described in words, which I think is what the judge ordered.

Thanks again.

If you have other documentation (such as a mediator's report) confirming the number in words, OR if your ex is not going to contest it, then a simple filing to the court for clarification should get you what you want.

OTOH, if your ex contests it, it could be messy.

What is the difference between the two amounts? If it's big enough to worry about, it's probably big enough to have a lawyer handle.

[Frazanthe]

Mistoffolees, the difference is not a lot compared to the overall settlement, and could possibly be used up by more legal fees. But why just throw the money away? I'm hoping reason will prevail. I thought about filing for a clarifying order, but that would cost more money. Thanks for your input.

[mistoffolees]

Originally Posted by Frazanthe

Mistoffolees, the difference is not a lot compared to the overall settlement, and could possibly be used up by more legal fees. But why just throw the money away? I'm hoping reason will prevail. I thought about filing for a clarifying order, but that would cost more money. Thanks for your input.

OK. So it's not going to break you if you don't get it, but it's not worth investing a lot of money in the hops of getting it. Right?

Then file a motion for clarification on your own. It will only cost you the filing fees. If you lose, you said you can live with it. If you win, you come out ahead.