What happens if you don't pay your attorney fees?

[cindy399]

What is the name of your state? VA

Probably not the most appropriate question to ask on this forum, but thought I'd ask.

Lawyer blew threw a $7,500 retainer and total expense so far is $9,500....so I have a $2,000 balance. So far we just got our discovery answered.

My divorce should be pretty simple. I'm a pharmacist, husband a dentist, but we make roughly the same amount after my bonuses. Married six years, no kids, no one filed for fault, one home that we both put more or less the same amount.... essentially can literally split everything down the middle. But my husband has a lawyer, and thought I'd get one because I don't want to deal with it and make sure it's done correctly, but my lawyer is not working for me and I'm in the process of finding another.

-Charged $2,000 to 'in the process of creating a protective order for you'. Email back and fourth with him ask him what a protective order is and why he thinks I need one, he doesn't answer either question. Says once he's done he'll show it to me. Saw the $2,000 bill and emailed him and told him I don't want a protective order and you shouldn't do things (especially $2,000 things) without first asking me. He agreed to remove the charge after I complained. But it's the same story again and again.
-He's charged $2,500 so far for deposition questions. Have literally told him the day I met him that I didn't need depositions or anything like that. He's at least three times sent me drafts of deposition questions he's made and tells me to add to the list and every time I remind him I do NOT want depositions. He's never removed the charged, but I haven't asked him to either.
-Husband tells me his lawyer "was" a nice guy and a straight shooter, but my lawyer is trying to convince his lawyer into doing a discovery (husband doesn't want one, and quite frankly if I knew what I know now, I would have stopped my lawyer from doing one) -and- my lawyer is telling his lawyer to do depositions. Basically my husband thinks my lawyer is telling his lawyer "these folks have money and you are dumb if you don't let it drag out", which is what I feel also.
-Lawyer charged me 4.5 hours to review my husband's response to my discovery yet when I email him and ask him what he found, he can not answer it and asks me if I want to set up a meeting (i.e. take more money from me). The thing is there is literally nothing in my husband's discovery answers, like I said the discovery was pointless and my lawyer probably wanted me to come in and mention some other useless things I don't need.

I paid the $7,500 retainer on a credit card, technically I can dispute it with the card, but I am willing to let it go. But I don't want to pay the $2,000 balance. Problem with my lawyer is he does things that I do not need and without asking me, just to bill me and when I tell him I do not want that, we get into long emails "I think you need it", "let me do it then you will see" which just results in more billing and he doesn't answer questions like what it is (I end up google'ing it) and why I need it.

I plan on sending a termination letter to my lawyer, and obviously he'll be upset and probably not remove the deposition questions tab from my balance. Main concern is how will he transfer over to my new lawyer if there is a balance

 

[Taxing Matters]

I plan on sending a termination letter to my lawyer, and obviously he'll be upset and probably not remove the deposition questions tab from my balance. Main concern is how will he transfer over to my new lawyer if there is a balance

You have a right to get copies of your records from your attorney and he cannot refuse that of the outstanding bill. He can ask for reasonable copying charges though. Apart from those records your new attorney really shouldn't need anything from your current attorney.

 

[LdiJ]

What is the name of your state? VA

Probably not the most appropriate question to ask on this forum, but thought I'd ask.

Lawyer blew threw a $7,500 retainer and total expense so far is $9,500....so I have a $2,000 balance. So far we just got our discovery answered.

My divorce should be pretty simple. I'm a pharmacist, husband a dentist, but we make roughly the same amount after my bonuses. Married six years, no kids, no one filed for fault, one home that we both put more or less the same amount.... essentially can literally split everything down the middle. But my husband has a lawyer, and thought I'd get one because I don't want to deal with it and make sure it's done correctly, but my lawyer is not working for me and I'm in the process of finding another.

-Charged $2,000 to 'in the process of creating a protective order for you'. Email back and fourth with him ask him what a protective order is and why he thinks I need one, he doesn't answer either question. Says once he's done he'll show it to me. Saw the $2,000 bill and emailed him and told him I don't want a protective order and you shouldn't do things (especially $2,000 things) without first asking me. He agreed to remove the charge after I complained. But it's the same story again and again.
-He's charged $2,500 so far for deposition questions. Have literally told him the day I met him that I didn't need depositions or anything like that. He's at least three times sent me drafts of deposition questions he's made and tells me to add to the list and every time I remind him I do NOT want depositions. He's never removed the charged, but I haven't asked him to either.
-Husband tells me his lawyer "was" a nice guy and a straight shooter, but my lawyer is trying to convince his lawyer into doing a discovery (husband doesn't want one, and quite frankly if I knew what I know now, I would have stopped my lawyer from doing one) -and- my lawyer is telling his lawyer to do depositions. Basically my husband thinks my lawyer is telling his lawyer "these folks have money and you are dumb if you don't let it drag out", which is what I feel also.
-Lawyer charged me 4.5 hours to review my husband's response to my discovery yet when I email him and ask him what he found, he can not answer it and asks me if I want to set up a meeting (i.e. take more money from me). The thing is there is literally nothing in my husband's discovery answers, like I said the discovery was pointless and my lawyer probably wanted me to come in and mention some other useless things I don't need.

I paid the $7,500 retainer on a credit card, technically I can dispute it with the card, but I am willing to let it go. But I don't want to pay the $2,000 balance. Problem with my lawyer is he does things that I do not need and without asking me, just to bill me and when I tell him I do not want that, we get into long emails "I think you need it", "let me do it then you will see" which just results in more billing and he doesn't answer questions like what it is (I end up google'ing it) and why I need it.

I plan on sending a termination letter to my lawyer, and obviously he'll be upset and probably not remove the deposition questions tab from my balance. Main concern is how will he transfer over to my new lawyer if there is a balance

He won't want to turn your file over to your new attorney if he hasn't been paid in full, but from the sounds of it, you might be better off starting from scratch with a new attorney. Just make it clear up front what you want. No discovery, no depositions etc.

To be honest, you and your husband could simply divide your assets yourselves and then tell the attorneys that the assets are already divided and to simply file for divorce.

 

[Taxing Matters]

He won't want to turn your file over to your new attorney if he hasn't been paid in full,

No, he probably won't want to do that. But he's still expressly obligated to provide the OP originals of documents she originally provided to the lawyer
and copies of other documents in the attorney's files, as stated in Virginia Rules of Professional Conduct 1.16(d) & (e):

• (d) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, refunding any advance payment of fee that has not been earned and handling records as indicated in paragraph (e).

• (e) All original, client-furnished documents and any originals of legal instruments or official documents which are in the lawyer's possession (wills, corporate minutes, etc.) are the property of the client and, therefore, upon termination of the representation, those items shall be returned within a reasonable time to the client or the client’s new counsel upon request, whether or not the client has paid the fees and costs owed the lawyer. If the lawyer wants to keep a copy of such original documents, the lawyer must incur the cost of duplication. Also upon termination, the client, upon request, must also be provided within a reasonable time copies of the following documents from the lawyer's file, whether or not the client has paid the fees and costs owed the lawyer: lawyer/client and lawyer/third-party communications; the lawyer's copies of client-furnished documents (unless the originals have been returned to the client pursuant to this paragraph); transcripts, pleadings and discovery responses; working and final drafts of legal instruments, official documents, investigative reports, legal memoranda, and other attorney work product documents prepared or collected for the client in the course of the representation; research materials; and bills previously submitted to the client. Although the lawyer may bill and seek to collect from the client the costs associated with making a copy of these materials, the lawyer may not use the client's refusal to pay for such materials as a basis to refuse the client's request. The lawyer, however, is not required under this Rule to provide the client copies of billing records and documents intended only for internal use, such as memoranda prepared by the lawyer discussing conflicts of interest, staffing considerations, or difficulties arising from the lawyer-client relationship. The lawyer has met his or her obligation under this paragraph by furnishing these items one time at client request upon termination; provision of multiple copies is not required. The lawyer has not met his or her obligation under this paragraph by the mere provision of copies of documents on an item-by-item basis during the course of the representation.

 

[stealth2]

A hint for the future... Make sure your retainer spells out an hourly rate structure that includes not only your lawyer, but also the paralegal and/or other staff (if applicable). And check each bill to be sure the proper rate was applied.

I had one lawyer who indicated on his bills that others had done the work that I was being charged his rate for (like photocopies, and yes, my retainer agreement had a rate schedule included). He adjusted the bill when I balked, but I got the feeling that not all of his clients looked closely.

 

[adjusterjack]

I plan on sending a termination letter to my lawyer, and obviously he'll be upset and probably not remove the deposition questions tab from my balance.

Consider a fee dispute with the state Bar if you think the lawyer's charges are spurious.

https://www.vsb.org/site/public/fee-dispute-resolution-program

The Bar also has a complaint process if you think your lawyer engaged in misconduct.

https://www.vsb.org/site/regulation/inquiry

 

[zddoodah]

What happens if you don't pay your attorney fees?

I didn't read through all the details in your post because I didn't see any questions in your post to which those details might be relevant. The answer to your question is that, once you get a new attorney, your former attorney can place a lien against any recovery you might realize in your divorce case and/or may sue you.

I paid the $7,500 retainer on a credit card, technically I can dispute it with the card

Only if it's been less than 60 days since the charge appeared on your credit card statement (unless your credit card has unusually favorable terms for you).

 

[Ohiogal]

I didn't read through all the details in your post because I didn't see any questions in your post to which those details might be relevant. The answer to your question is that, once you get a new attorney, your former attorney can place a lien against any recovery you might realize in your divorce case and/or may sue you.



Only if it's been less than 60 days since the charge appeared on your credit card statement (unless your credit card has unusually favorable terms for you).

The attorney can sue. And Virginia lien law on divorces:

§ 54.1-3932. Lien for fees.

A. Any person having or claiming a right of action sounding in tort, or for liquidated or unliquidated damages on contract or for a cause of action for annulment or divorce, may contract with any attorney to prosecute the same, and the attorney shall have a lien upon the cause of action as security for his fees for any services rendered in relation to the cause of action or claim. When any such contract is made, and written notice of the claim of such lien is given to the opposite party, his attorney or agent, any settlement or adjustment of the cause of action shall be void against the lien so created, except as proof of liability on such cause of action. Nothing in this section shall affect the existing law in respect to champertous contracts. In causes of action for annulment or divorce an attorney may not exercise his claim until the divorce judgment is final and all residual disputes regarding marital property are concluded. Nothing in this section shall affect the existing law in respect to exemptions from creditor process under federal or state law.
B. Notwithstanding the provisions in subsection A, a court in a case of annulment or divorce may, in its discretion, exclude spousal support and child support from the scope of the attorney's lien.
Code 1950, § 54-70; 1988, c. 765; 2001, c. 495.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.

Lien for fees had to be done in a specific way. Unless it was in the original contract and written notice was given to OP's spouse, there is no lien.

 

[cindy399]

Thanks guys, I got my lawyer to write off the $2k balance.

Wrote him an email about how he's not doing what I need done and keeps doing useless things, told him I have lawyer "friends"... I think that got the job done, I think he knows he's was unethical and got caught. He wrote off the balance and sent me a termination letter saying I am better off finding someone else... which I didn't mind, I already found someone else but found it awkward he was willing to cancel.

Might just be the guy wanted to take money left and right and realized he can't pull the b/s with me because I know others in the law profession and it'll be a bad look. And without doing useless things he realize there isn't much money here, the divorce for the most part is uncontested so he wanted out

 

[Zigner]

Thanks guys, I got my lawyer to write off the $2k balance.

Wrote him an email about how he's not doing what I need done and keeps doing useless things, told him I have lawyer "friends"... I think that got the job done, I think he knows he's was unethical and got caught. He wrote off the balance and sent me a termination letter saying I am better off finding someone else... which I didn't mind, I already found someone else but found it awkward he was willing to cancel.

Might just be the guy wanted to take money left and right and realized he can't pull the b/s with me because I know others in the law profession and it'll be a bad look. And without doing useless things he realize there isn't much money here, the divorce for the most part is uncontested so he wanted out

Another possibility is that he's got bigger fish to fry and it made more sense, financially, to just eat the balance and terminate the relationship.

In any case - congratulations.