Immediate distribution clam

So my wife is suing me with equitable distribution and immediate distribution. I hired a lawyer to answer the claim for me and it has been answered. Last week my lawyer called me out of the blue after she spent time speaking to oppossing council. She wanted to know again why I am not agreeing to sale the house. I am frustrated becouse we been over this several times. Then she telling me that oppossing council can schedule a immediate distribution date in court but oppossing council is not saying what they are looking for distribution immediately. I have no idea what they are looking for other than selling the house. Then my council telling to prevent this we must start informal Discovery. So later she sends me a list and says that she needs this uploaded by this date. I got off the phone with my council feeling that she doesn’t have my best interest in mind and I am getting frustrated that she cannot remember our conversation and details of my case is a ongoing trend for her. So I work on the requested documents and spent a day making pdf of everything. During all this I found a letter from the family court informing me that Equitable Distribution Pretrial Conference (IPTC) is scheduled for hearing on 12/00/2021. I was relieved the date was set thinking this was great and I am better spending my time and money on completing form ccf–33 for the Court so I send the letter to me council saying I want time and money focused on answer the court vs opposing council question. I feel I be treated fairly at iptc vs out. My council said no we must continue on this path and for me upload my documents to she can create a redact and it going to take time. Her time is my money I explained last week I have very little money left in my saving. So I sent an email back asking that all work be placed on hold. It was my understanding from the firm this is something I am allowed to do. Received a reply demanding I upload by 4:30 pm. I did not upload as council has lost my trust and understanding at this point. I send a message to client care asking to please put a hold on all work on my case and that I need some time to think and educate myself. The next morning first thing I got an hour long email from my council demanding that upload by 4:30pm again along with several other new demands from my council. I emailed client care again stating please put a hold on my case that I need some time to think and that it’s also not being understood that I don’t have the money at this moment to fund the sole option my council is demanding I do now.

At this time to receive another email from my council demanding answers by 9/20/2021 this Monday

I cannot fund the path my counsil is demanding I take and she unwelling to provide a reasonable alternative.

I am looking for answers to the following.

  1. After you answer the civil lawsuit to the court what the next steps. Is the court expecting anything from me again leading up to IPTC besides ccf-33 form?

  2. When I fire my council how much time should I expect her to continue to bill me. Is there anyway for her burn my entire retainer away?

  3. I guess I am required to continue working with oppossing council leading up to IPTC date?


(1) After you file your answer, you must gather all of your financial disclosures as required by your county’s local rules so that the financial documents can be exchanged with the other party. An equitable distribution inventory affidavit may be due. Either side at any time can file a motion for interim distribution, which is different from the initial pretrial conference, and that must be dealt with if and when either side calendars that motion.

(2) Once you communicate to your lawyer that you no longer wish for representation, there should not be any further work done on your case and you would be entitled to any unused portion of your retainer/trust deposit.

(3) Yes, you or your lawyer will need to continue to work with the other side’s lawyer in an effort to resolve the issues. It is significantly less expensive to resolve a claim outside of court rather than having a trial in front of a judge.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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