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what to do about delays caused by lawyers

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lightseeker

Junior Member
What is the name of your state? MD

My divorce was finalized in March of 2004. It was a simple divorce case with both parties’ full cooperation. I went to my lawyer with a draft agreement which was the product of many mediation sessions. My lawyer asked for a retainer of $1000 and I paid, even though there really wasn't very much to do except filing the paper work.

Shortly after my divorce, my attorney told me that the QDROs will be filed next and the work was contracted out to another lawyer who specializes that type of work.

By May 2004, I decided to call and find out about the QDRO work. I called and left messages several times, but no return calls. Finally, in June I received a phone call from one of the partners informing me that my lawyer had left the firm, but she was going to see that my QDROs get filed. I got several bills (in addition to the retainer since by then, it was used up somehow) from both the contracted lawyer and the firm that handled my divorce. I paid dutifully.

When the bills stopped, I thought all was done. This past March, my ex informed me that he's moving out of the country. I thought perhaps i should call my lawyer to verify that all work are done and case closed. I started leaving messages every two or three days, for over 3 weeks, I did not receive any calls back. I finally called the contracted lawyer to find out about my QDROs and she told me that she closed my case in June 2004 because she could not get the information she needed from my primary lawyer to proceed. I called my primary lawyer back and left an angry message, few days later, a new lawyer called me and started to work on my case.

That was this April. The new lawyer called my ex's lawyer for some information, my ex's lawyer started delaying things claiming she had the info but not send them for weeks. Meanwhile, I am getting charged again. So far, I've paid another $1000+ for these simple QDROs and they are still not filed! Not only the lawyers left my interests exposed, they are charging me for work that should have been completed a year ago!

What can I do?

My new lawyer convinced me to file a petition against the opposing attorney to force her respond to requests. I signed, then I realized that the petition is really filed against my Ex, that is not what I want. He did not know about his lawyer's delays. I asked to cancel the petition, but my lawyer seems to ignore my request. Now I receive a notice to appear in court in August. What should I do for this?

I just want all this to end. Is there light at the end of the tunnel??

Please help. Thank you.
 


Rexlan

Senior Member
lightseeker said:
What is the name of your state? MD

My divorce was finalized in March of 2004. It was a simple divorce case with both parties’ full cooperation. I went to my lawyer with a draft agreement which was the product of many mediation sessions. My lawyer asked for a retainer of $1000 and I paid, even though there really wasn't very much to do except filing the paper work.

Shortly after my divorce, my attorney told me that the QDROs will be filed next and the work was contracted out to another lawyer who specializes that type of work.

By May 2004, I decided to call and find out about the QDRO work. I called and left messages several times, but no return calls. Finally, in June I received a phone call from one of the partners informing me that my lawyer had left the firm, but she was going to see that my QDROs get filed. I got several bills (in addition to the retainer since by then, it was used up somehow) from both the contracted lawyer and the firm that handled my divorce. I paid dutifully.

When the bills stopped, I thought all was done. This past March, my ex informed me that he's moving out of the country. I thought perhaps i should call my lawyer to verify that all work are done and case closed. I started leaving messages every two or three days, for over 3 weeks, I did not receive any calls back. I finally called the contracted lawyer to find out about my QDROs and she told me that she closed my case in June 2004 because she could not get the information she needed from my primary lawyer to proceed. I called my primary lawyer back and left an angry message, few days later, a new lawyer called me and started to work on my case.

That was this April. The new lawyer called my ex's lawyer for some information, my ex's lawyer started delaying things claiming she had the info but not send them for weeks. Meanwhile, I am getting charged again. So far, I've paid another $1000+ for these simple QDROs and they are still not filed! Not only the lawyers left my interests exposed, they are charging me for work that should have been completed a year ago!

What can I do?

My new lawyer convinced me to file a petition against the opposing attorney to force her respond to requests. I signed, then I realized that the petition is really filed against my Ex, that is not what I want. He did not know about his lawyer's delays. I asked to cancel the petition, but my lawyer seems to ignore my request. Now I receive a notice to appear in court in August. What should I do for this?

I just want all this to end. Is there light at the end of the tunnel??

Please help. Thank you.
You got a bad deal if your facts are accurate. However, allot is your own fault for not paying attention. I am not a lawyer but I have had great success by sending the judge a letter directly. This write-up is a good start and copy your atty and prior attys. Explain also that you are an ordinary person looking for genuine help and I think you will have their attention.

Additionally, it is quite easy to file a fee dispute with the Bar in your state. Just be accurate and keep a log of all calls, etc.
 

lightseeker

Junior Member
Rexlan, thank you for your reply. I agree it's my own fault for being foolishly trusting, believed that my attorney would represent/protect my interests and did not stay on top of them. I'd like to think that I learned my lesson and will do better next time, however, I really hope that there isn't a next time in this case ;-)

I will follow your suggestion and write to my attorney(s) first to see if they are reasonable, if not, I will file a complaint with the MD bar association.

Many thanks.
 

Rexlan

Senior Member
lightseeker said:
Rexlan, thank you for your reply. I agree it's my own fault for being foolishly trusting, believed that my attorney would represent/protect my interests and did not stay on top of them. I'd like to think that I learned my lesson and will do better next time, however, I really hope that there isn't a next time in this case ;-)

I will follow your suggestion and write to my attorney(s) first to see if they are reasonable, if not, I will file a complaint with the MD bar association.

Many thanks.
Be sure to write the letter to the Court and copy the attys. Putting it in writing is always the best way and if it is addressed to the court the atys will probably respond PGQ.
 

stephenk

Senior Member
Instead of phone calls make an actual appointment to see the attorney to discuss the problems with your case.
 

lightseeker

Junior Member
Thank you both for your comments. To be honest, I was afraid to make an appointment because the hourly rate of my attorney is $275. But perhaps I have to discuss this issue face-to-face.
By the way, does anyone know the average cost for QDROs? My ex-husband has one pension plan, I have two pension plans and a 401K. What would be a more reasonable charge?

Many thanks.
 

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