Breakups & Divorce Support Group
Just broke up with someone or in the midst of a difficult divorce? Breaking up is difficult no matter what the circumstances are. They say that time heals all wounds, but sometimes a listening ear or a hug can work wonders for the heart. Whether you need a place to vent, someone to hold you to No Contact, or need advice about what to do, we're here to help.
At this stage, I don't think it would be unfair to call her repeatedly all day long and tell her that you are worried about the charge your stbx's lawyer is filing. In the meantime, I'm assuming you signed some paperwork with your lawyer stating what her responsibilities to you are...I'd read through that and see if she's violating those terms. The contract I signed with my lawyer actually had a phone number for the State Bar that said you could call for information on whether or not the lawyer's actions constituted misconduct. So, maybe look up your State Bar.
Hope this helps.
I do think telling her I will be complaining to the board or ethics committee, and then doing so if she doesn't get it together, is a good move. I just am cringing at the thought of losing my case because of it in the meantime!
That would let me know if I have any recourse in the future.
Next, I would go to her office and ask in person to make an appt for asap w/her. If they ask why, just say "I have some concerns I want to discuss." I wouldn't go into any detail.
Before the meeting, I would then write out a list of my concerns. Have someone look at it to be sure that it is UNemotionally stated. I would take the list w/me to the appt and give her a copy and tell her "these are my concerns and I would like to go over them with you one by one." Be sure they are factual. For example: It appears that certain (be specific) points from my financial stmt have been omitted.
I would take notes as she responds to each one. I would give her feedback to make sure I understood exactly what she will be doing for each one. (For example: You said you would call so-in-so by 9/16/15 to confirm our mediation date.) Then give her the opportunity to confirm that your understanding is accurate or correct it.
This is CRITICAL. Write down what she intends to do to for each one AND pin her down with due/done by dates for each item of concern.
The day after the meeting, I would then send her a certified signature required letter w/my list of concerns and notes (based on what she said she would do). At the end of the email, I would make the following statement:
"Thank you for meeting w/me on (date). As per our discussion, the following concerns were addressed and you agreed to the following action items.
Unless I hear differently from you w/in 3 business days of confirmed receipt of this letter, I will take what you said per my notes as your word/agreement that you will follow thru w/everything by the dates indicated.
Thank you again for your attention to and action to resolve these issues. Sincerely, (your name)"
Then you must police the due dates. Keep meticulous notes/records of what she does/doesn't do.
If she doesn't perform her duties in a satisfactory way, I would file a complaint to the bar assn. I would also ask the court to postpone because your atty hasn't done a satisfactory job representing me. That's where the list of concerns, notes taken from the meeting & the proof of the certified letter will be necessary for a successful resolution.
I hope it all gets resolved quickly and in your favor.
PS, my atty had given most of the work for my divorce to his 'cracker jack' paralegal. She f'd it up royally causing the QDRO to be delayed a year! He was at fault for not making sure she did her job and my fees were adjusted.
He was not prepared for this trial at all, nor was I, which in my understanding your atty is supposed to prepare you for that, my ex and his atty were VERY WELL prepared, he did good up there I'll give him that.
Hence, things did not go my way at all and I have researched so many things saying, it's all in the best interest of the children, guess not so much when they are 16 and the judge looked me in the face and said you Mrs. xxxxxxx need to get a full time job, WOW, I do work and have been at my job for 15 years, not exactly full time tho. Not too many people hire at my age I am thinking
Anyhow, someone mentioned AVVO, I have asked many questions on there, the most recent one being "can you claim misrepresentation in a divorce trial.....NO, but you can malpractice, so if I were you and you are thinking about changing atty's, I know you are almost to the end, and is it worth it? But if not you best get on her and make her sit with you and prepare you for this trial,that is what they are supposed to do. It actually seemed more of a circus to me and that someone that doesn't even know you can decide your lives in a couple hours.
Good luck to you!!!
Thank you for sharing it with me though, because it does give me some good ideas of what to look out for and motivation to get my lawyer moving. Things have escalated again in our case recently and she is just throwing up her hands. I need help!
I really appreciate this forum.