suzahughes
Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? TX
I received a phone call last night from my attorney insisting on an additional $3,000.00 paid NOW, to continue my case.
We were scheduled for Final Nov. 9 but ex's attorney has filed some "Strike" motion to be heard/submitted??? Oct 24. Last week I received an additional accounting of fees for $75.00 from my attorney, but no copy of the paperwork, filing mentioned. She told me last night that unless I come up with an additional $3,000.00 she can't continue to represent me. She has "padded" her charges to eat up all but a little over $200.00. of the original $2,500 I'd given her in August. She has yet to argue anything in court. (one charge was for 30 minutes talking to a process server for the doctor's subpoena, which I did not agree to doing, another was for 1 1/2 hrs phone conversation with Ex's attorney) I had previously told her that Ex's position is non negotiable, that the judge will have to decide. (we had been to mediation before I hired attorney) I know not to talk on the phone to her (haven't spoken to her since we were at court back in August) so since she couldn't get me there she came up with extraneous stuff to eat up the money, such as 45 minute charge to read my e-mail that took me 2 minutes to read. Anyway I did sign a contract, it no doubt has in it that she can dump me. I had been pro se until August. My ex's attorney has continually filed for delays etc.. This modification case (divorce in 1989) involves our adult disabled son. The Texas Attorney General's assistant attorney is involved as well. As they represent "the state" and under the judge's recommendation, I finally borrowed the initial $2,500.00. and now this. Wonder why people have so a low opinion of attorneys. ????? I know first hand!
My question, can I force her to continue representing me if I make monthly payments instead of the $3,000 up front. (AGAIN!)
See message I just sent to her and copied/pasted below.
Subject: Legal payment
Date 10/14/2005 10:49 A.M. Central Standard Time
From (taken out for privacy)
To: (taken out for privacy)
" I agree to make monthly payments for continued legal representation in my current defense against Mr. (privacy)'s modification. I agree to this arrangement to minimize the possible adverse effect on my rights and the possibility of prejudice. I have been very honest in disclosing my financial situation, and expected that you would and continue to be diligent and frugal in representing my cause.
As we discussed in our first meeting, the burden of proof is on Mr. (Privacy). My expectation was that you would exercise the prudent activities/arguments to compel Mr. "(privacy) to deliver his evidence that the material facts had changed and that you would argue my position in court.
You have already received the $2,500.00 retainer, there is a little over $200 still on balance and our agreement was that you would charge $200/hr. I simply don't have the $3,000.00 that you are now demanding. I did not instruct you to spend time on getting the medical subpoena, that is Mr. Hensley's responsibility. I did not ask you to spend 1 1/2 hrs discussing anything with Mr. Hensley's attorney. What I wanted, and expected and verbalized was that I needed you to represent me in court. I was fully ready to go to trial back in August but you persuaded me to agree to a postponement in order to file a counter suit. Considering the financial demands now being made, that action simply was not in my best interest. I have been informed that :
"Texas Rule 3.02 Minimizing the Burdens and Delays of Litigation
In the course of litigation, a lawyer shall not take a position that unreasonably increases the costs or other burdens of the case or that unreasonably delays for resolution of the matter."
As such, and in the interest of negotiating fairly your fee dispute, I will pay $100.00/mo until your fee is zeroed. My past experience with attorneys, I did the same. I do not owe any money to any of my ohter attorneys. (I had specified names in my note) I trust that you are competent in this Family Law case and that you will abide by the Canons of Ethics of the State Bar of Texas."
I received a phone call last night from my attorney insisting on an additional $3,000.00 paid NOW, to continue my case.
We were scheduled for Final Nov. 9 but ex's attorney has filed some "Strike" motion to be heard/submitted??? Oct 24. Last week I received an additional accounting of fees for $75.00 from my attorney, but no copy of the paperwork, filing mentioned. She told me last night that unless I come up with an additional $3,000.00 she can't continue to represent me. She has "padded" her charges to eat up all but a little over $200.00. of the original $2,500 I'd given her in August. She has yet to argue anything in court. (one charge was for 30 minutes talking to a process server for the doctor's subpoena, which I did not agree to doing, another was for 1 1/2 hrs phone conversation with Ex's attorney) I had previously told her that Ex's position is non negotiable, that the judge will have to decide. (we had been to mediation before I hired attorney) I know not to talk on the phone to her (haven't spoken to her since we were at court back in August) so since she couldn't get me there she came up with extraneous stuff to eat up the money, such as 45 minute charge to read my e-mail that took me 2 minutes to read. Anyway I did sign a contract, it no doubt has in it that she can dump me. I had been pro se until August. My ex's attorney has continually filed for delays etc.. This modification case (divorce in 1989) involves our adult disabled son. The Texas Attorney General's assistant attorney is involved as well. As they represent "the state" and under the judge's recommendation, I finally borrowed the initial $2,500.00. and now this. Wonder why people have so a low opinion of attorneys. ????? I know first hand!
My question, can I force her to continue representing me if I make monthly payments instead of the $3,000 up front. (AGAIN!)
See message I just sent to her and copied/pasted below.
Subject: Legal payment
Date 10/14/2005 10:49 A.M. Central Standard Time
From (taken out for privacy)
To: (taken out for privacy)
" I agree to make monthly payments for continued legal representation in my current defense against Mr. (privacy)'s modification. I agree to this arrangement to minimize the possible adverse effect on my rights and the possibility of prejudice. I have been very honest in disclosing my financial situation, and expected that you would and continue to be diligent and frugal in representing my cause.
As we discussed in our first meeting, the burden of proof is on Mr. (Privacy). My expectation was that you would exercise the prudent activities/arguments to compel Mr. "(privacy) to deliver his evidence that the material facts had changed and that you would argue my position in court.
You have already received the $2,500.00 retainer, there is a little over $200 still on balance and our agreement was that you would charge $200/hr. I simply don't have the $3,000.00 that you are now demanding. I did not instruct you to spend time on getting the medical subpoena, that is Mr. Hensley's responsibility. I did not ask you to spend 1 1/2 hrs discussing anything with Mr. Hensley's attorney. What I wanted, and expected and verbalized was that I needed you to represent me in court. I was fully ready to go to trial back in August but you persuaded me to agree to a postponement in order to file a counter suit. Considering the financial demands now being made, that action simply was not in my best interest. I have been informed that :
"Texas Rule 3.02 Minimizing the Burdens and Delays of Litigation
In the course of litigation, a lawyer shall not take a position that unreasonably increases the costs or other burdens of the case or that unreasonably delays for resolution of the matter."
As such, and in the interest of negotiating fairly your fee dispute, I will pay $100.00/mo until your fee is zeroed. My past experience with attorneys, I did the same. I do not owe any money to any of my ohter attorneys. (I had specified names in my note) I trust that you are competent in this Family Law case and that you will abide by the Canons of Ethics of the State Bar of Texas."