lawyer`s role

[luckymom]

I have a quick question. Does discussion of EVERY issue have to involve the lawyers? Once there is not an "active" case, can't parents talk to each other directly? Can I tell my lawyer that I am not willing to work through lawyers to discuss routine issues? It is really driving up my legal expenses!

 

[Zigner]

I have a quick question. Does discussion of EVERY issue have to involve the lawyers? Once there is not an "active" case, can't parents talk to each other directly? Can I tell my lawyer that I am not willing to work through lawyers to discuss routine issues? It is really driving up my legal expenses!

Fire your lawyer

 

[luckymom]

Is that serious advice? Is closing the case the only way to deal iwth this?

Today, I got an e-mail from the lawyer saying that she had had a fax from ex's lawyer stating that daughter should bring x, x, and x, when she comes for Christmas. I have no idea why ex can't send an e-mail to me about stuff like this. There is no pending litigation at this point. Of course, I am going to get my itemized bill at the end of the month that states 12/6 reviewed fax from Mr. X, communicated contents to client, 15 minutes, $85.00.

Strangely, ex complains bitterly about child support, but seems to have no problem paying a lawyer to deal with stuff like this.

 

[LdiJ]

I have a quick question. Does discussion of EVERY issue have to involve the lawyers? Once there is not an "active" case, can't parents talk to each other directly? Can I tell my lawyer that I am not willing to work through lawyers to discuss routine issues? It is really driving up my legal expenses!

Have you tried having this conversation with your ex? The attorneys don't get involved once a case is no longer active, unless one of you involves them.

However, like the other poster said. You can officially terminate your attorney (then rehire in the future if you need one) and that will stop the cost on your end. Once your ex realizes that they are the only one spending bucks on legal fees, that will quickly change.

 

[Silverplum]

Is that serious advice?

Read the rest of your post, conveniently quoted below, for your answer.

Is closing the case the only way to deal iwth this?

That's not called "closing the case." It's called, "firing your attorney because you don't need him/her any more."

Today, I got an e-mail from the lawyer saying that she had had a fax from ex's lawyer stating that daughter should bring x, x, and x, when she comes for Christmas. I have no idea why ex can't send an e-mail to me about stuff like this. There is no pending litigation at this point. Of course, I am going to get my itemized bill at the end of the month that states 12/6 reviewed fax from Mr. X, communicated contents to client, 15 minutes, $85.00.

Strangely, ex complains bitterly about child support, but seems to have no problem paying a lawyer to deal with stuff like this.

Think about it.

 

[luckymom]

Have you tried having this conversation with your ex? The attorneys don't get involved once a case is no longer active, unless one of you involves them.

However, like the other poster said. You can officially terminate your attorney (then rehire in the future if you need one) and that will stop the cost on your end. Once your ex realizes that they are the only one spending bucks on legal fees, that will quickly change.

Thanks very much for the response. I have spoken with my ex, but he seems to get a perverse pleasure out of making things as difficult and expensive as possible. Go figure. My lawyer doesn't initiate anything, but I assume she's required to respond to this stuff when it comes in.

Is it ok to fire my lawyer given that I am currently out of the country? I don't want it to be misinterpreted as trying to "flee" jurisdiction or something like that.

 

[luckymom]

Read the rest of your post, conveniently quoted below, for your answer.

That's not called "closing the case." It's called, "firing your attorney because you don't need him/her any more."

Think about it.

Thanks for the response.

This is a serious question. How does one fire a lawyer in a situation like this? She did a great job for me, and I am in no way dissatisfied with her work, but I can't continue to pay her to deal with stuff like this. One communition like the one above costs about 20% of my support. I am sure to back in court in the future and definitely want her to represent me, so I'd like our temporary separation to be amicable!

 

[Silverplum]

Thanks for the response.

This is a serious question. How does one fire a lawyer in a situation like this? She did a great job for me, and I am in no way dissatisfied with her work, but I can't continue to pay her to deal with stuff like this. One communition like the one above costs about 20% of my support. I am sure to back in court in the future and definitely want her to represent me, so I'd like our temporary separation to be amicable!

I know you're serious.

Tell your attorney exactly what you told us! Tell her you LOVE her (I love our former atty.!) and that you want to re-hire her if needed in future. But that now you do not need her services, and you regrettably must ask her to sign off for now.

She won't be mad -- it's business, happens all the time. It's how that particular business is conducted.

And your X is using your attorney to screw with you. Not uncommon at all.

 

[casa]

Have you tried having this conversation with your ex? The attorneys don't get involved once a case is no longer active, unless one of you involves them.

However, like the other poster said. You can officially terminate your attorney (then rehire in the future if you need one) and that will stop the cost on your end. Once your ex realizes that they are the only one spending bucks on legal fees, that will quickly change.

I absolutely agree. My nuttyX tried this and when I no longer needed my attorney~ It took him 2 mos to figure out he'd been firing off all these demands to HIS attorney (who charged him)...when his attorney only turned around & called or e-mailed ME. hee hee hee

Miraculously ~ he stopped after that. That malicious mistake cost him $685.00, but for Me, it was Priceless

 

[luckymom]

I know you're serious.

Tell your attorney exactly what you told us! Tell her you LOVE her (I love our former atty.!) and that you want to re-hire her if needed in future. But that now you do not need her services, and you regrettably must ask her to sign off for now.

She won't be mad -- it's business, happens all the time. It's how that particular business is conducted.

And your X is using your attorney to screw with you. Not uncommon at all.

Thanks again. I figured out the part about trying to screw me (LOL). It just seems to stupid since he is paying through the nose as well.

Do you think the fact that I am out of the country makes any difference in this situation? Could it me misinterpreted or used to my ex's advantage in any way if I am without a lawyer? My daughter has her own laywer (called a child`s rep in IL), if that matters.

I appreciate your help, byw.

 

[Silverplum]

Thanks again. I figured out the part about trying to screw me (LOL). It just seems to stupid since he is paying through the nose as well.

Exes are stooopid. It's part of the job description!

Do you think the fact that I am out of the country makes any difference in this situation? Could it me misinterpreted or used to my ex's advantage in any way if I am without a lawyer? My daughter has her own laywer (called a child`s rep in IL), if that matters.

Personally, I honestly don't think so. If your X files something scary, you can hire your attorney back up again. But I don't even see what he COULD file...

I appreciate your help, byw.

You're totally welcome!!

 

[Bloopy]

I think luckymom was stuck on the word “fire.” I sure was... It has such a heated connotation. I agree to “fire” or at least “lay off” the lawyer so a bill doesn’t keep piling up on petty BS.

However, if Ex decides to file something and Lawyer is rehired. Wouldn’t luckymom then owe a big retainer to start over? That's, still cheaper in the long run in my mind.

 

[profmum]

You dont have to ask your attny to withdraw, simply ask her to email x's attny and say " hey litigation is done, Mum has instructed me to direct all emails to her directly as I will no longer be responding to non legal matters and to cease correspondence with me on such matters".

see what response that gets.

My x did this for a while, and only wanted all communication to be through the attny's (we are still in the midst of litigation). After the $$ started adding up, I emailed x and said that if this is how he wanted to communicate then it would be better for the courts to desginate one of us with sole decision making authority....well, after that for non legal isues, we communicate directly.

 

[Silverplum]

However, if Ex decides to file something and Lawyer is rehired. Wouldn’t luckymom then owe a big retainer to start over? That's, still cheaper in the long run in my mind.

The retainer thing is going to be how that attorney runs her business. Every attorney I've ever used had a policy of keeping the retainer "refreshed" monthly: for example, if the retainer was $2000 and the atty/staff worked/did stuff to add up to $900 of fees, I'd get a bill for $900 that month. Pay $900 back into retainer. Next month, same thing. So yes, when I let an attorney go, I got back whatever was unused that month.

Luckymom could always put the retainer $$ into a separate account...waiting...gaining some interest.

 

[escape2paradise]

The retainer thing is going to be how that attorney runs her business. Every attorney I've ever used had a policy of keeping the retainer "refreshed" monthly: for example, if the retainer was $2000 and the atty/staff worked/did stuff to add up to $900 of fees, I'd get a bill for $900 that month. Pay $900 back into retainer. Next month, same thing. So yes, when I let an attorney go, I got back whatever was unused that month.

Luckymom could always put the retainer $$ into a separate account...waiting...gaining some interest.

That's not how it's done here. The retainer is paid up front, then any fees incurred thereafter are taken from the retainer until the retainer is gone. Then fees are paid as incurred monthly or a payment arrangement can be made. Of course an attorney can require a retainer more than once. For instance I paid a retainer at the beginning of my court action, and now that it looks like we are going to have to go to trial, I must now make a fat trial retainer. Lucky ME!