STBX firing his atty-- move ok with him

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Registered: 05-07-2003
STBX firing his atty-- move ok with him
1
Tue, 10-11-2005 - 1:11pm

Well, this morning, I started off by telling STBX about me wanting to move back to the Cape. To my surprise, he was ok with it. Yesterday, I did some research, and found that the elem. school that DS will be going to has only 132 students. My friend's son is in the same grade at that school, and he has only 8 classmates in his class-- just ONE 4th grade! The student to teacher ratio is 7.1 to 1, so the students get a lot of teacher attention, which is good. The school also spends TWICE the amount that my son's present school does per student. :-) By contrast, DS's current school had over 400 students in 2003 (more people moving in monthly!), there are four 4th grade classes, with around 20 students per class. The student to teacher ratio is 13.1 to 1. My son has ADD, and is struggling. The current school SHOULD be renovated, the drinking water is unsafe to drink, and the town has voted down hiring new teachers, and wants to shuttle students to schools in neighboring towns. The town will not expand the school, no matter that they had close to 50 new kids who moved into town of elementary age last year, and more and more land is being developed. Anyway, I'm getting off track here, sorry. ;-)

The move is OK with STBX, and we're trying to decide what to do with the house and business.

STBX and I started talking about his attorney, and the fact that his attorney was OUR business attorney for the last 3 years. I asked him, "Can you understand why I'm not on board with attorney P. representing you?" Eveidently, attorney P. has NOT been in touch with STBX to tell him about the court hearing that was rescheduled from last week, and has NOT given him the Discoveries and Interrogatories! STBX did not even know about these, and they were due in from attorney P. at the end of September! Afterwards, I called my attorney to tell her that STBX was OK on relocating. She said that she called attorney P. to ask him when the Discoveries and Interrogatories weren't in yet. (They were sent to attorney P. on Aug. 31). Attorney P. said, "I'm NOT sending them in because Susie wants me fired!" OMG, can you believe the nerve? I told my lawyer that Attorney P. has not given STBX any papers at ALL. It just occurred to me that if STBX had not retained a lawyer, my lawyer would have sent him copies of whatever she sent me, as STBX was representing himself prior to Aug. 16. I mean, this is absolutely ridiculous. I told STBX to call his mother, who is a paralegal on the Cape. She can help him get a lawyer who will not screw him over. And all tis time, STBX had been saying that I didn't want attorney P. because I didn't like how things were going. LOLSo, the upshot of it is, STBX called attorney P., and told the secretary that he was going to be retaining other legal counsel. I told STBX to request an itemized statement from attorney P., so that he doesn't get shafted. Aye aye aye!




Edited 10/11/2005 1:22 pm ET ET by susieyippin
Avatar for susieyippin
iVillage Member
Registered: 05-07-2003
Tue, 10-11-2005 - 9:43pm

UPDATE:

I invited STBX over for chiken soup tonight (it's downright chilly out, and he doesn't have his heat on yet. I have my woodstove all fired up. ;-)). We discussed his attorney situation, and he fired attorney P. While STBX was here, my lawyer called and said that STBX needs to inform attorney P. in writing that he is firing him, and attorney P. needs to fax my lawyer and the court that he is recusing himself from the case. He needs to do all this before the scheduled hearing on the 13th of this month, or we will BOTH be charged hearing costs. My attorney said that she could not understand why attorney P. is being so unprofessional and rude. He NEVER returns her faxes or calls, and she has to go chasing him down. I told STBX that if I get charged for the hearing because attorney P. didn't fax in his recusal letter, I will send attorney P. my bill.

So, I helped STBX with his letter:

"Dear Attorney P,

I am hereby releasing you as the attorney representing me in my divorce case against my wife, SusieY, effective immediately.

If you would kindly fax your letter excusing yourself from my divorce case to Attorney B before Thursday October 13th, I would greatly appreciate it. Please send a fax to the court as well, so that we do not incur hearing costs.

It has come to my attention that you have not sent me important notices of scheduled court hearings, and also have not sent me the Discoveries and Interrogatories in a timely manner.

I am requesting the immediate return of my retainer of $600.00, minus the costs of my initial consultation, any meetings, and the initial court appearance on August 16, 2005. Please send me an itemized statement of legal services with the return of my retainer.

Thank you.
STBX"

I wanted to include an "up yours jerk", but I thought that would be inappropriate. :-D