what to do if lawyer isnt helping

[styx1259]

What is the name of your state (only U.S. law)? Indiana

What should I do if not happy with lawyer? Trying to get my half of equity out of house and my spouse is just feeding his lawyer with lies and my lawyer is believing without any proof to back up his statments. He claims he can't pay the $150 which is his half to get an appraisal which is total BS. My lawyer sends me a letter saying maybe its not worth pursuing even though she has not gotten any and I mean any financial records from him. I just don't think she is doing and adequate job so how can I get a total refund from my lawyer?

 

[ecmst12]

You can get a refund of your unused retainer but she is entitled to be paid for the work she has done so far. But perhaps it is NOT worth bickering over who pays for the appraisal.

 

[mistoffolees]

You can get a refund of your unused retainer but she is entitled to be paid for the work she has done so far. But perhaps it is NOT worth bickering over who pays for the appraisal.

Yep. Classic case of "the divorce will cost as much as you want it to cost." The more little things you fight over, the more it will cost.

 

[LdiJ]

What is the name of your state (only U.S. law)? Indiana

What should I do if not happy with lawyer? Trying to get my half of equity out of house and my spouse is just feeding his lawyer with lies and my lawyer is believing without any proof to back up his statments. He claims he can't pay the $150 which is his half to get an appraisal which is total BS. My lawyer sends me a letter saying maybe its not worth pursuing even though she has not gotten any and I mean any financial records from him. I just don't think she is doing and adequate job so how can I get a total refund from my lawyer?

Your attorney realizes that you will pay her far more than $150.00 to pursue that. Pay for the appraisal yourself and get it over with.

 

[styx1259]

Since Indiana is a 50/50 state why pay for the appraisal? Why not just force the sale of the house to split the equity at the conclusion of the divorce proceedings?

 

[Free_Advice]

Since Indiana is a 50/50 state why pay for the appraisal? Why not just force the sale of the house to split the equity at the conclusion of the divorce proceedings?

Maybe the sale would take longer than the union lasted lol or 1 party wants to stay so no sale is desired.

 

[tuffbrk]

Obtain new representation

My 2 cents. If your gut is telling you that she is not working in your best interests, sit up and pay attention. Obtain a new attorney, advise her that you have sought representation elsewhere and to forward the remainder of your retainer to the attention of your new lawyer.

I ignored my instincts and regret it. Which reminds me that the only things in life you regrets are the things that you did not do.

 

[Ohiogal]

My 2 cents. If your gut is telling you that she is not working in your best interests, sit up and pay attention. Obtain a new attorney, advise her that you have sought representation elsewhere and to forward the remainder of your retainer to the attention of your new lawyer.

I ignored my instincts and regret it. Which reminds me that the only things in life you regrets are the things that you did not do.

Quite frankly, there is NO WAY I would forward a retainer remainder to a new attorney. I would return any retainer to the client. However this client needs to realize that $150 appraisal could end up costing her $1200 if her attorney fights it out.

 

[tuffbrk]

I absolutely agree with your assessment about the appraisal. She should just pay it and ask for her 50% to be returned from his portion of the sale of the home whenever that occurs. On the other hand, a Client shouldn't be put in the position of having to figure out why an attorney has advised as they have. The attorney should make the reason clear when the advise is being given - at least in my opinion. The process is confusing and stressful as it is without having to also figure out "the strategy" so to speak.

I do feel strongly that if you don't believe your interests are being represented appropriately then they probably aren't and you should find someone else. Your attorney is the only person working on your behalf in court and you should have some meeting of the mind with them.

Then again, maybe I'm just being bratty about attorneys based on my experience - and that is certainly no reflection on you OG...only wish you were in NJ!!

 

[styx1259]

Well sending a strong letter to my attorny

I am sending a strong letter to my attorny asking why she hasnt gotten the proper financial papers from him yet and if need be get a court order to do so. Also refund the $150 as the appraisal can now be included in the sale of the house since he is so unwilling to do anything to move it foward. I am demanding the house be sold upon the final divorce. Also am upping the ante and seeking half of his business including half the profits since the seperation. In a 50/50 state such as Indiana it seems foolish to waste time doing any negotiations especially since he has shown no interest in doing so.