Does this sound fishy? Leagl question

Avatar for susieyippin
iVillage Member
Registered: 05-07-2003
Does this sound fishy? Leagl question
3
Wed, 10-12-2005 - 12:51pm

STBX fired his lawyer this morning. His lawyer refused to return his retainer (just $600.) because he (attorney P.) said that he's been busy working on STBX's case.

Some background:
STBX fired Atty. P. because he recently discovered (through ME) that a scheduled hearing for last week had beed rescheduled for this Thursday. The hearing to was to remove Atty. P. from STBX's case because Atty. P. had represented STBX & I for 3 years in our business, and I objected to him representing STBX.

2-3 weeks ago, STBX was asking if my lawyer, Atty. B., had sent me anything. I said, Yes, she has. STBX seemed a bit puzzled. At the end of August, Atty B. sent me copies of the Discoveries and Interrogatories that she sent to Atty. P. It's my understanding that there's a time limit for them to be back to Atty B. I was puzzled, because I was expecting a reaction from STBX a few days or a week after I recieved the D&I, and there was no big blowup from him to indicate he'd received them. Come to find out yesterday that Atty. P. NEVER sent STBX notices of the hearing/s or D&I to go over with him. In fact, my lawyer has had to chase Atty. P. around because he does not return calls or faxes from her.

When STBX fired his lawyer, apparently he has to do this in writing, so he took the letter in to Atty. P this a.m. Atty. P told STBX that he'd been busy working on his case, and the reason that he didn't return the D&I (without getting the pertinent info from STBX in order to ANSWER the D&I) was because of some "complicated legal maneuver" that STBX wouldn't understand.

My question:
Does this sound right? To me it sounds like Atty. P. isn't doing STBX any favors by not informing him of documentation or court hearings, let alone calling him once in a while. It looks like Atty. P. is screwing STBX. To me, if it's unfair for STBX, the court will see, and penalize me in some way...? Or is this a customary procedure for a law office of not forwarding ANY info whatsoever to their client?

TIA for any help/advice!

iVillage Member
Registered: 02-23-2005
Wed, 10-12-2005 - 5:07pm

The only thing I can see that might happen ,is that the judge will give an extention to STBX to fill out the information. As long as STBX is telling you the truth and all can be confirmed, then I would think you would want him to have a fair opportunity to answer back.

This would be beneficial to both of you and you might have more copperation from him in setteling. Is he getting a new lawyer? Good luck to both of you.I hope all goes well.

K

Avatar for susieyippin
iVillage Member
Registered: 05-07-2003
Wed, 10-12-2005 - 9:18pm

STBX was all sorts of ticked off this morning, after he talked with Atty. P. Atty. P. actually threatened him-- said the he should charge STBX the remaining portion of his retainer (STBX paid $600. of a 1,000 retainer) for firing him. STBX has a tendency to get polarized in crises, and acts passive-aggressive. Brooded at Atty. P., then got mad at me when I spoke to him. I told him, "Hey, Atty. P. is acting like he thinks he's big shot, DID NOT do the work that you HIRED him to do, and you're mad at me?" Atty. P. is a liar-- he had been my and STBX's business lawyer, I had met with him privately, then he lied about that when my atty and I tried to have him removed as STBX's atty.

The whole thing is just not sitting right with me. I'm not going to worry about it. I want it to be a fair playing field for STBX-- my lawyer said that courts tend to be more generous with the party that doesn't have a lawyer, so I encouraged him to get a lawyer, and he shows up with OUR business lawyer, who I now find out is more of a criminal atty.

Anyway, STBX and I have been talking, and we'd just like to split things equitably. He would keep the business, I would keep the house, but I will sell it... he and I would come up with a plan, then present the lawyers with it, and see if the court approves. I don't want to have a gigantic lawyer bill at the end like my friend, who was charged 18K...




Edited 10/15/2005 4:21 pm ET by susieyippin
iVillage Member
Registered: 02-23-2005
Thu, 10-13-2005 - 10:57pm

That sounds like a good plan to me. The more the two of you can work things out the smoother it will go in court.Most courts prefer it this way. It means the courts don't feel their time is being wasted on petty disagreements. Not saying that they are just thats how the courts look at it.

I really do wish you the best.

K