AoA-Update


#1

Sounds like it went well. It’s not clear from your post though, is your atty a) writing a letter to ask for their settlement terms or b)not responding, waiting to see if they actually file in court?

Keep in mind that your atty WANTS YOUR MONEY. He doesn’t make $$ unless he actually has something to bill your for. Don’t get bullied into letting him write a letter (that he will bill you big bucks for) when the smart thing to do is just sit tight.


#2

I hope all of this goes well for you. Hopefully the other parties will realize it’s a hassel just for some “free money” and will drop the whole thing.


#3

Good for you! I’m glad that your attorney is so level headed about this. Realizing that she would have to prove a viable marriage when separation was already being negotiated may lead her to rethink her position of victim.
As I’ve said, there are certain situations that warrent this type of action, but with some other scenarios it’s just a waste of time and money and all for revenge on someone who really did you no harm to start with. If this does go to court, hopefully for your sake it won’t, but if it does, maybe you could get a copy of the transcript and ask Rosen to post it. Or at least post on here what happened so some others will know what to expect.
Good Luck and keep us posted.


#4
quote:
[i]Originally posted by ComingClean[/i] [br]Just the opposite. He wants to save me money by NOT just writing a check to settle. I was very impressed and comforted by our meeting. He advised me to sit tight and see if she actually follows through.

My advise to anyone is to get a good lawyer…the best you can afford (even if you have to borrow money to do so).


Right, but in your first post you said 'The next step would be for him to write a letter on my behalf asking for their perceived settlement would be." Is that what he is doing now, or have you decided to not respond at all to the threat letter? It’s just clear from your posts.

If you don’t mind sharing, how much has the lawyer charged you already. You mentioned having to borrow money…


#5

Coming Clean

What is your position in the AoA case? are you the plaintiff or defendant?

I am in the defendant’s position, and just found out yesterday. I have lots of questions and am very stressed out. I would be willing to give you my email if we are in the same position, so we could talk.


#6

Dear ComingClean:

Greetings. Most cases - 98% of all cases of all types - settle out of court. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#7

Lawyer appointment today. I learned a lot and maybe some folks here will also learn a thing or 2. Firstly, my lawyer said in his 16 years of litigation…NONE of his cases ever went to court. His cases are either settled or dismissed. He personally won’t represent a “plaintiff” in a case like this and refers them to other lawyers.

Secondly, my AoA case sounded weak to him. Both parties had separation papers in hand (though they disagreed on each others’) and lawyers had already been appointed. So he saw that the marriage was already on the outs and that he saw no real “damage to a viable happy marriage”.

She could still persue the suit if she wanted. The next step would be for him to write a letter on my behalf asking for their perceived settlement would be. He would then counter for a lower amount. If it was a no-go, then we would set a mediation date (boy that would be FUN)…with me, him, her and her lawyer. IF there was no agreement, then it would go to court. NOW…if you’re looking at money, you would have to weigh what you paid in to get to court and be represented as opposed to settling out of court. He never advises people to pay just to end it, but DOES IF he knows it would cost twice as much to litigate.

SO…we are in a holding pattern. He wants to see if they really file a suit. That would cost HER money to do so…so he advises we sit tight.