More details to this question:
Let's say that there is an asset in a divorce worth $100. The final decree says we are to split that asset according to the time rule. (it's not a pension). I did not know it would be my x spouse doing the splitting, he now says my time is only worth $10. I called my atty and asked him to take care of this and he said he needs more money if I want him to continue because the pot is now empty. I told him he should have taken care of it when I asked him to, in fact, I asked many times, prior to the settlement. He said I signed it so I must have been OK with it. There are many loose ends like this that are causing a problem since my x refuses to pay by the rules. What is the attorney's responsibility to their client if not to look out for their interest, especially since I asked him many times to take care of this. Now, due to his neglect I'm losing 10's of thousands of dollars on this and other items.
1 ANSWER
4 Awards
If you are divorced and if pursuant to your divorce, there were certain legal issues that need to be resolved to effect the terms, such as having a quit claim deed prepared to transfer ownership of real estate, or a qualified domestic relations order (QDRO) drafted for the transfer of a pension or 401K plan, your attorney is under an ethical obligation to you, to make sure all of those loose ends are resolved. His obligations to you are not over until ALL work is completed in your behalf. if you owe the attorney money for fees and costs, they are not entitled to hold the work to be completed "as hostage" until you pay; rather, under that circumstance, the attorney is required to notify you in advance that they are going to withdraw from your case unless you do pay for fees and costs and after that they can file a formal motion with the court to request to be discharged as your lawyer; if your lawyer's refusal to do the work has led to a financial loss, depending on the amount, it may arguably be both malpractice as well as an ethical violation. One would need more information from you to assess your specific situation.
Answered on Jun 28th, 2015 at 8:07 AM
David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com