What is the name of your state? I am in NY state.
I hired a lawyer in 2002 to handle my divorce case. The day he was supposed to have filed, he was late getting to the court and because of this, my ex's lawyer got there before him (I thought this was a tad strange, as he told me this with a bit of a smirk on his face.) I blew it off.
A little quick background on my case. I had supported my disabled ex (at the time husband) for 5 years..he won a personal injury settlement and was able to purchase a marital home for us (he, I, and our 2 children...one of whom is from a prev. marriage) When I learned he was cheating on me, he left the home (the night he left, we were fighting at the top of the stairs and he shoved me, causing me to go down a flight of 13 stairs- injuring my back and forcing me to go out on disability for this injury...(I finally had back surgery in Nov of 2005)) So he left, moves in with his GF and we start the divorce, with me suddenly being the defendant.. even though I had met with my lawyer weeks before he had.
I had concerns about various things, I had found an unregistered hand gun in the lockbox, my ex's brother had just been released from prison (served 7 years for molesting his own children) and my ex had refused to sign over our child's SSI suppliment check even though it had been ordered by the first judge who heard our case (he held 10 of these checks from me....saying that it was his money because it was his SSI, and he was keeping it as rent for my invading HIS house... we bought the house together, and it was I who insisted that he pay for it in full for financial security purposes. Every time I tried to bring this issues into our case, my lawyer poo-poo'd me or begrudgingly told me he would look into it. He had at one point made a comment that I should know how this is all done because I had been divorced before (fyi- my first divorce was amicable and we had the same lawyer... he was a friend and just did the legalities for us) so, no I did not know how this is all done.
Every time I would call him, his secretary would tell me he was out, or in the bathroom (I know, I thought that was kind of tacky) or that he would call me back. I started to notice a pattern with him in the sense that he would never call me back and would pass any messages to me through his secretary. I became very frustrated and started calling back in the same day if I didnt get a call back.
With the house, he assured me (but made sure he said "I cannot promise 100% results) that I would not lose the house. While occupying the home, the bills were coming in (taxes etc) repairs...I asked him what I should do. He told me to pay them. I was not working at the time because of the injury... had no SSI checks from my ex ... I was broke save for the disability payments and child support for my older son. I borrowed 5,000.00 over this time from my Dad... I called the lawyer when I realized that in NYS personal injury money could not be taken from the person,... not even a spouse could take it away...this included assets... ie- the house.
I asked him (through his secretary, of course) to stop fighting for the house based on what I had learned. He called me back within FIVE min (first time that ever happened) and odd as she told me that he wasnt in.... he called and he was irrate! He told me that I should NOT stop fighting for the house, and how could I lose faith in him...blah blah. I was intimidated (and fragile because of the emotional pain I was going through to begin with) I started crying and told him that I could NOT afford to let him drag this through court if there was a chance that I would lose it...could he please withdraw the request and just get my divorce done. He bullied me and I gave in. Needless to say, three months and 5 K later, he called to tell me I lost the house. Ontop of that he sent me a bill for 1,600.00 (my retainer had run out, it was a 3,500.00 retainer)
I had to move, I went back to work against my will...then lost my job through a lay off.. which I dont blame that company, I was a crappy employee during all of this. I found a new job and I had to go out last Sept for my back injury for surgery in Nov. This lawyer kept sending me a bill. I called him and told him that I was out of work until april of 2006 and then I could get on a paymnt plan with him... (even though I thought I felt he didnt do his job, I didnt want this on my credit report as a bad debt).
Last week I got a letter from the IRS telling me that I had failed to file my 2002 taxes... I was shocked but immediately knew where to find them. My lawyer had taken them as income evidence for my case, and they were surely still in my file. I called the office and got the secretary and explained what I thought happened, and that I needed the paperwork so I could file or they wont let me file for 2005. she told me she would call me back ...(note- when I had called to tell him about my surgery and lack of employment until april, this secretary told me that I could come get my whole file. I was in severe pain and told her it could wait til I was healed) She never called back..so I called the next day. She told me that he said he cannot give me anything until I pay my bill off. I reiterated the importance of these documents, and she pretty much told me "too bad"...these are my w-2's for that year.
This attitude sparked memories of how my case was handled and how mentally weak I was through the whole thing... I feel as if he took advantage of me and thinks it can continue. I really feel that if he would have stopped this aspect of the case when I asked him to, there would be no issue with billing... if I would have owed him anything, I would have been fine with it.. but 3 months work on something I begged him to stop doing? and the way he treated me? I did NOT expect him to kiss my ass... but I was surprised when the gun issue, the child molester brother wasnt an issue (Until I pressed him to get it addressed in court....which was so much work to convince him to do it he should have paid ME).. the judge ordered that my ex was NOT to bring our child in this man's presence.... *sigh* Im sorry....I know this is long.. and believe me when I tell you this is only the tip of the iceburg!!
so my file belongs to him? with all of my personal things in it huh? Thanks in advance... if anyone is able to decipher this.. I will be amazed...sorry for the spelling and grammar mistakes.
I hired a lawyer in 2002 to handle my divorce case. The day he was supposed to have filed, he was late getting to the court and because of this, my ex's lawyer got there before him (I thought this was a tad strange, as he told me this with a bit of a smirk on his face.) I blew it off.
A little quick background on my case. I had supported my disabled ex (at the time husband) for 5 years..he won a personal injury settlement and was able to purchase a marital home for us (he, I, and our 2 children...one of whom is from a prev. marriage) When I learned he was cheating on me, he left the home (the night he left, we were fighting at the top of the stairs and he shoved me, causing me to go down a flight of 13 stairs- injuring my back and forcing me to go out on disability for this injury...(I finally had back surgery in Nov of 2005)) So he left, moves in with his GF and we start the divorce, with me suddenly being the defendant.. even though I had met with my lawyer weeks before he had.
I had concerns about various things, I had found an unregistered hand gun in the lockbox, my ex's brother had just been released from prison (served 7 years for molesting his own children) and my ex had refused to sign over our child's SSI suppliment check even though it had been ordered by the first judge who heard our case (he held 10 of these checks from me....saying that it was his money because it was his SSI, and he was keeping it as rent for my invading HIS house... we bought the house together, and it was I who insisted that he pay for it in full for financial security purposes. Every time I tried to bring this issues into our case, my lawyer poo-poo'd me or begrudgingly told me he would look into it. He had at one point made a comment that I should know how this is all done because I had been divorced before (fyi- my first divorce was amicable and we had the same lawyer... he was a friend and just did the legalities for us) so, no I did not know how this is all done.
Every time I would call him, his secretary would tell me he was out, or in the bathroom (I know, I thought that was kind of tacky) or that he would call me back. I started to notice a pattern with him in the sense that he would never call me back and would pass any messages to me through his secretary. I became very frustrated and started calling back in the same day if I didnt get a call back.
With the house, he assured me (but made sure he said "I cannot promise 100% results) that I would not lose the house. While occupying the home, the bills were coming in (taxes etc) repairs...I asked him what I should do. He told me to pay them. I was not working at the time because of the injury... had no SSI checks from my ex ... I was broke save for the disability payments and child support for my older son. I borrowed 5,000.00 over this time from my Dad... I called the lawyer when I realized that in NYS personal injury money could not be taken from the person,... not even a spouse could take it away...this included assets... ie- the house.
I asked him (through his secretary, of course) to stop fighting for the house based on what I had learned. He called me back within FIVE min (first time that ever happened) and odd as she told me that he wasnt in.... he called and he was irrate! He told me that I should NOT stop fighting for the house, and how could I lose faith in him...blah blah. I was intimidated (and fragile because of the emotional pain I was going through to begin with) I started crying and told him that I could NOT afford to let him drag this through court if there was a chance that I would lose it...could he please withdraw the request and just get my divorce done. He bullied me and I gave in. Needless to say, three months and 5 K later, he called to tell me I lost the house. Ontop of that he sent me a bill for 1,600.00 (my retainer had run out, it was a 3,500.00 retainer)
I had to move, I went back to work against my will...then lost my job through a lay off.. which I dont blame that company, I was a crappy employee during all of this. I found a new job and I had to go out last Sept for my back injury for surgery in Nov. This lawyer kept sending me a bill. I called him and told him that I was out of work until april of 2006 and then I could get on a paymnt plan with him... (even though I thought I felt he didnt do his job, I didnt want this on my credit report as a bad debt).
Last week I got a letter from the IRS telling me that I had failed to file my 2002 taxes... I was shocked but immediately knew where to find them. My lawyer had taken them as income evidence for my case, and they were surely still in my file. I called the office and got the secretary and explained what I thought happened, and that I needed the paperwork so I could file or they wont let me file for 2005. she told me she would call me back ...(note- when I had called to tell him about my surgery and lack of employment until april, this secretary told me that I could come get my whole file. I was in severe pain and told her it could wait til I was healed) She never called back..so I called the next day. She told me that he said he cannot give me anything until I pay my bill off. I reiterated the importance of these documents, and she pretty much told me "too bad"...these are my w-2's for that year.
This attitude sparked memories of how my case was handled and how mentally weak I was through the whole thing... I feel as if he took advantage of me and thinks it can continue. I really feel that if he would have stopped this aspect of the case when I asked him to, there would be no issue with billing... if I would have owed him anything, I would have been fine with it.. but 3 months work on something I begged him to stop doing? and the way he treated me? I did NOT expect him to kiss my ass... but I was surprised when the gun issue, the child molester brother wasnt an issue (Until I pressed him to get it addressed in court....which was so much work to convince him to do it he should have paid ME).. the judge ordered that my ex was NOT to bring our child in this man's presence.... *sigh* Im sorry....I know this is long.. and believe me when I tell you this is only the tip of the iceburg!!
so my file belongs to him? with all of my personal things in it huh? Thanks in advance... if anyone is able to decipher this.. I will be amazed...sorry for the spelling and grammar mistakes.