attorney's fees

[hesthedevil]

I spoke with another attorney, and he thinks it will be up to BK judge as to whether or not the court order stays. He believes I have received the paperwork because I am a title holder on the mortgage. He is requesting a copy of the BK from the trustee, but I haven't heard back yet. I guess I will call the trustee again.

[hesthedevil]

another question-

One member here mentioned that I may be able to go to the next hearing (June 16th) pro se. The judge said she was going to rule on the following issues at our next hearing:
holiday visitation with our son
the van
whether to give joint custody of our son back to my ex
a possible award of attorney's fees (which probably doesn't matter bc of ex's BK)

I received a letter yesterday from my attorney stating that he would no longer represent me if I did not have another $3750.00 in his hands by June 10th.

What would happen if I show up to court without an attorney for this hearing?

[Ronin]

You're attorney may have given you a deadline of June 10 to pay him, so that if you choose to not pay him, he will have time to file a motion to be dismissed as your attorney prior to the hearing on the 16th.

Either way you will still owe him the $3,750. Odds are if he has to sue you for it he will get it... with interest.

If the matters the judge will rule upon at this next hearing are very important to you, and in the context of what you already owe your attorney, it seems like it would be cheap insurance to keep your attorney for at least this next hearing.

[LtTragg]

Originally Posted by Dandy Don

Do you still need his continuing services or not? Did you sign a fee agreement/contract with him? You have the option of firing him and/or filing a complaint against him with the Kentucky State Bar Association.

In some states, the state bar, and the bar association are separate entities.

The state bar is the governing agency.

[hesthedevil]

After calling around only to find out that other attorneys want huge retainers, I have decided to try to work with my attorney on my bill as a way to keep him around for our next hearing. I have drafted a letter and I want feedback from you guys-do I need to add or delete anything? I did not mention this in the letter, but I will add it if you think I should-I would be satisfied to give him the 3750 if he would agree to finish up my case with no additional charges. Nevertheless, here is what I have:

I received your letter regarding the fees and intent to withdrawal from my case if they are not paid. I would like to extend a thank you for what you have attempted to do to help me. While I realize that XXXX’s lack of cooperation has made this case lengthy and difficult, I hope that you agree that I have done everything I possibly can to be fair, compliant, and honest.

According to my records, I have paid you $4600.00. Your bill asks for another $3750.00, totaling $8350.00. As I look through the child support record, I will have received $5640 by the time of our next hearing on June 16th. Aside from the child support, there is an order for XXXX’s % of the medical bills and extracurriculars, but he has not paid me for those items as of today.

I have spoken with a few others in your profession and they adamantly feel that none of the property division issues will hold up in family court, as they never should have been filed there because family court lacks subject matter jurisdiction (as XXXX’s attorney attests). For that reason, I ask that you audit your records to exclude fees that were charged on my bill concerning property issues.

Ideally, you and I could agree on an amount that seems less excessive for a mere child support order. I want you to continue to represent me at the next hearing, as I am confident that you know my case well enough to resolve the few remaining issues.

Please let me know how we can work toward a resolution.

Thanks again,

[Ronin]

According to my records, I have paid you $4600.00. Your bill asks for another $3750.00, totaling $8350.00. As I look through the child support record, I will have received $5640 by the time of our next hearing on June 16th. Aside from the child support, there is an order for XXXX’s % of the medical bills and extracurriculars, but he has not paid me for those items as of today.

There is no legal right to an expectation an attorney earn their client more than the cost of the attorney's services. Your ex’s non-compliance with a court order cannot be held against your attorney.

I have spoken with a few others in your profession and they adamantly feel that none of the property division issues will hold up in family court, as they never should have been filed there because family court lacks subject matter jurisdiction (as XXXX’s attorney attests). For that reason, I ask that you audit your records to exclude fees that were charged on my bill concerning property issues.

It appears the extent of your outside legal opinions are from an out of state relative who is an attorney, and folks on this forum who are mostly not in your attorneys profession.

If the question of jurisdiction was obvious, the judge would not have made this ruling, and your ex’s attorney at the time should have raised an objection long before the ruling, when motions for mortgage payments were first made. In many cases a failure to object in a timely manner constitutes a waiver of the complaint, which could happen in this case. Despite what your ex's attorney attests to, this matter has yet to be resolved. The ruling could still stand.

Ideally, you and I could agree on an amount that seems less excessive for a mere child support order.

Your are clearly implying your attorney dishonestly and unethically overcharged you. Without first having requested a more detailed accounting of the hours billed, and found true issues with the results, this is not a good road to go down.

While you certainly have the right to deal with your attorney however you wish, if you get this aggressive with him before your next hearing the odds are pretty darn good you will be unrepresented at your next hearing. And you will still owe the balance due. If you are prepared for this contingency, then that is ok.

[hesthedevil]

OK, so I will pay him, but I do not want any more charges. I am still responsible to save this mortgage. I have bills coming out the wazoo...

Is it fair that I ask him to do the next hearing for free? I would like to hear from more than one person, so I know I am making the right decision. I know that he will keep this case going forever if I allow it. I have told him twice already that I did not want to go back to court, and to finalize everything at that hearing, but we always have to come back. It seems these hearings are very unproductive.

[hesthedevil]

Also, the attorney I spoke with is a BK trustee in the area. He thinks it will be up to the BK judge whether I can try to collect from my ex.

[Ohiogal]

Originally Posted by hesthedevil

OK, so I will pay him, but I do not want any more charges. I am still responsible to save this mortgage. I have bills coming out the wazoo...

Is it fair that I ask him to do the next hearing for free? I would like to hear from more than one person, so I know I am making the right decision. I know that he will keep this case going forever if I allow it. I have told him twice already that I did not want to go back to court, and to finalize everything at that hearing, but we always have to come back. It seems these hearings are very unproductive.

Why don't YOU work for free? Do you volunteer to work at your job and tell your employer not to pay you? If not I suggest you start now. Because you sure as heck expect the attorney to work for nothing. You ask and he says, Nope and withdraws. You cannot control whether or not you go back to court. That is up to the judge/magistrate/court. Not up to your attorney.

[Ohiogal]

Originally Posted by hesthedevil

Also, the attorney I spoke with is a BK trustee in the area. He thinks it will be up to the BK judge whether I can try to collect from my ex.

Yep. I can agree with that.

[hesthedevil]

Ohiogal-you are one of the people who said his fees were excessive, and you recommended I find a new attorney altogether. As this is not cost productive at this point, I am surprised that you don't understand what I am trying to accomplish. I don't want to file a complaint with the state bar. Instead, I am trying to negotiate with my attorney.

How can I accomplish this?

[mmmagique]

You give him a written proposal.
He either accepts or declines.
That's all you can do.
(unless you want to hire another atty to negotiate for you...)