QUESTION

How to go about/handle this situation?

Asked on Sep 24th, 2018 on Divorce - Georgia
More details to this question:
My mother recently went through a divorce with my father. She paid a lawyer to represent her. The case dragged out (due to her lawyer) and still isn't over with. It was issued that my father pay alimony. Recently he quit paying the alimony. She called her lawyer to discuss what should be done next, and he replied that the case drug out way longer than originally thought, and can not continue furthering anymore without more payment for his service. To file a contempt of court against my father for non payment in alimony, the lawyer wants $1500 before doing so. It was agreed also, that he would represent her till the case was final. The case is not over with, and now she no longer has representation, or alimony payments coming in. With the agreement of paying him to represent her till the case was finalised, isn't that a breach of contract? Or some kind of negligence on behalf? What advice could you give on what to do?
Report Abuse

1 ANSWER

Greetings, and thank you for your question. You have to understand that lawyers are paid by the hour and the retainer (agreement) has or should have a clause where it states, that the attorney is charged, $X amount for his services, (flat or by the hour) when the retainer is exhausted, the client will be responsible for paying owed balance, or the attorney will charge interest. Sometimes, depending on clients, we as attorneys, when we are not getting paid or we judge the client financial situation is not equipped to handle the balance owed or the expected balance, we either don't take the case and or we simply withdraw from it. Your former attorney feels that the case used up the retainer, and for any further services, you will need to either deposit a new retainer amount or retain on flat-fee services. I believe his $1,500 will cover up to 2 court appearances and the contempt motion.   What can be done now, is to assess the performance of your attorney. If you like how he worked than retain him again. If you are not happy with his performance, and yes, many attorneys purposely drag out a case to continue billing. Assess your financial situation, if you are able to retain an attorney, then please shop around, and you can start with calling my office to discuss our rates. Every attorney is different. Some charge just for charging sake and some are aggressive and results orientated like us, where our performance is justification for our prices. We do have payment plans options for people with good credit and stable income. Feel free to contact my office and speak with my case manager at 877-866-8665 to discuss in more details regarding your case. Thank you.
Answered on Sep 26th, 2018 at 7:37 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters