Got a 2nd lawyer who I paid1500 meeting face to face 1x for my DBB divorce. She did get a March 5th court date to be heard for PSS, legal fees, temp possession of house which I have been wanting me first appearance before Judge for over a yr now, and why I fired 1st lawyer for giving me the run around eating up 6k borrowed to retain him while he never requested financials from husband, nor any court date for PSS, etc.
However 2nd lawyer was not replying to texts/emails updating me about March 5th. Called clerk of court to find out she did attend calendar call and opposition got a continuance until April 1st. After this, my current lawyer did contact email me, telling that opposition was subpoenaing witnesses for April1st hearing, attached a doc file showing some financials given by defendant husband which is limited, not including a financial affidavit, and more. She, my lawyer, also proposed we meet 3.12.2024 asking if ok.I replied to that email, but didn’t get any response. So no meet happened re: upcoming April 1st court date. Have texted, emailed her many times since telling her I should have 3 witnesses subpoenaed for that court date, need to go over evidence I have, and she needs to get back with me. No response from her. She has no secretary, no paralegal, doesn’t answer phone call messages I’ve left as well, and in and out of her office. I got an envelope marked IMPORTANT and slid it in her office’s mailbox several days ago. Telling her that her lack of communication is nerve wracking. As told, my estranged, wealthy husband of 10yrs is determined to get out of the marriage escaping anything to come to me which will leave me on the street without any money in savings, and no livable home do I have. April 1st is a crucial hearing with my life on the line at my age of 77. STILL no contact has present lawyer of mine made. Calendar call is March 26th for April 1st. I am petrified. Have been dying off the vine without any PSS, in a bad living situation needing possession, and without money having borrowed for attorneys which is burying me. Thinking about another continuance for not being prepared, not having full financials from husband, no witnesses subpoenaed to aid me, and a lawyer who is not contacting me…
WTH do I do? Can I show up at the calendar call to see if I can speak to the Judge. Tell of my bad position and see if any way the court will grant me legal fees so I can get proper counsel otherwise I am bellied up. This is all I can think of. What’s your advice?
To get your attorney’s fees reimbursed, you will have to file a motion for attorney’s fees and calendar it for a hearing date. The judge may or may not award attorney’s fees.
You should keep trying to contact your new lawyer. If you’re unable to make contact, you may need to change lawyers again so you have someone that you trust.
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
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Legal fees was listed on my DBB complaint. And shows on the list among others from my complaint for my case scheduled to be heard for April 1st. But do I need to bring a motion then for legal fees only to be heard on another date?
So am I getting this right that a motion for legal fees to be reimbursed by defendant husband could be have been made at any time, rather than my 1st bad attny telling me it was not to the very end of divorce process such could be decided?
NO Contact still has been made by present attny to me. Will keep on texting her. It’s only a few days til Calendar Call for 4.1.2024 hearing.
WENT TO SEE CLERK OF COURT. I was told I could attend the Calendar Call on March 26th. CAN I ask to speak to the Judge as plaintiff at that time whether attny makes a showing or not? May need to dismiss present attorney, and go pro se, and if not prepared for judgement on PSS because of present attorney not being in contact with me, could ask for on April 1st for attorney fees, and interim possession of house to be determined??
If you want the judge to rule on attorney’s fees after a particular hearing/trial, you need to make sure a motion or claim for attorney’s fees is filed for that issue and that the motion or claim is properly calendared on the same day as the hearing/trial.
Attorney’s fees can be addressed after each issue or at the end of a case.
You may be able to address the judge during calendar call, but if you plan to get into the specifics of your case, you’ll need to wait until your case is called for hearing so you can be placed under oath and provide testimony.
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
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.