Attorney question


#1

As I mentioned in my previous question, my DH informed me that his attorney told him that he would need a new attorney in the fall to file for a modification. I assumed this meant that he was no longer our attorney since the case was now over.

We recently received a letter from him stating that DH’s ex’s attorney had filed a motion to withdraw, and that DH did not have to attend the court date since he will be attending in his place.

Now I’m confused, is he or is he not still our attorney? If he is, what do we have to do to terminate this relationship? Also, DH never signed a retainer agreement (we did pay a retainer) and we have yet to receive any type of statement or bill.

Whether or not he is our attorney, can we request him to provide us with the worksheet used to calculate the CS? Is it possible that even though the judge ordered the CS off of a worksheet, it wasn’t included in the order? The only order we’ve seen and gotten a copy of was handwritten, stated an amount, but did not refer to a worksheet. It also had a little note at the bottom of the order saying that health care would be per the separation agreement. My DH said that was not there when he signed the order, it was added after the fact. I have a feeling this is how they “got away” with not crediting him for the premiums we pay. Is there anything we can do?


#2

DH’s lawyer’s motion to withdraw is him telling the court that he is formally withdrawing as your lawyer. It’s a formal thing that has to be done through the court. A lawyer may choose to withdraw OR a client may choose to ‘fire’ the lawyer. Either way, a Motion to Withdraw must be done. Until it’s done…he is still your lawyer.

The whole child support order sounds sketchy in my opinion. I’m no lawyer, but when I had MY support done, I got a copy of the court order, signed and filed by the court with the worksheet attached. You should have been given a copy of the worksheet, and if you didn’t, I would request it from the lawyer.

You also should have had a retainer agreement. I don’t know that it’s mandatory…but most reputable lawyers have one. If you paid a retainer fee, then you should request any and all invoices/statements that shows the billing on that retainer. You are entitiled to any remaining retainer funds.

I would definitely look into getting another lawyer. This one sounds unprofessional IN MY OPINION.


#3

It isn’t DH’s attorney who is filing the motion to withdraw, it’s his ex’s attorney. Hence my question as to whether we should be asking our attorney to do the same.

I will def tell DH to request a statement of how the retainer has been used. I’m wondering if it was a flat rate versus a retainer. DH and I were overseas when we paid the retainer, but we did meet the attorney in person beforehand and he said the retainer included everything (copies, calls, etc) and 6 hours of court time. If we exceeded the 6 hours of court time we would be charged an additional $250 an hour for each hour he spent in court, but we would not be charged anything additional for phone calls, photocopies, etc. We def did not sign a retainer agreement though.

And yeah, I agree that we do not want to continue to use him.


#4

From what I am reading on your first post, you say your husbands lawyer told him he would need a new lawyer for his fall court issues. Correct?

If that is so, then the current lawyer apparently does not want to represent your husband. Either the lawyer or your husband will have to put in a Motion to Withdraw with the court in order for you to retain a new lawyer.

My understanding is that until that is done, the court sees the current lawyer as ‘your lawyer’.

The ex’s motion to withdraw issue does not affect your husband. My lawyer had to enter a motion to withdraw when she moved her practice to another state. Motions can be because of that, or conflict between client/lawyer or whatever.

Even if your husband has to go down to the lawyers office, ask to see his file and pay money to get the documents copied…he needs those items for his permanent record.


#5

You’re correct, he did say that to my husband, but last week we received a letter saying he would be going in my husband’s place to court later this month for his ex wife’s attorney’s withdrawal, which is where I got confused. If he doesn’t want to represent my husband, why not file to motion already? Why represent him later this month?

I understand what you’re saying though and it makes sense. He asked for the statements earlier today and was told he could come pick them up. He asked for the worksheet as well. I guess after this final courtdate he’ll “fire” him officially.

Thanks for the help!


#6

If an attorney has made a motion to withdraw the hearing is being set for the court to allow the attorney to be released as counsel in the case. You may ask him for any and all documents related to your case.
If seems as though you entered into a memorandum of judgment for child support, and even though it is handwritten, it is an order of the court if signed by the judge.