QUESTION
What can I do if I was unable to practice for 10 months, attorney requested $4000 and I’m now on purge due to him keeping?
Asked on Jan 23rd, 2015 on Divorce - Nebraska
More details to this question:
My license to practice medicine was placed on hold for 10 months. Due to 5 false claims by my wife. I was exonerated of all charges and my license is reinstated. During that period of time I was still expected to pay support based upon my earning potential which are significant. She also made many false accusations and claims to people in the medical community. Potential clinics are apprehensive in hiring me due to her previous actions. I was awarded by the judge he reduction in child support that was stated to be retroactive which would have brought my support payments current. The final order did not read this way it read that I would receive that over the next 10 months therefore I was delinquent in my child support. I met with my attorney the day before the contempt hearing and he stated if I could get $4000 he would resolve the issue out of court. I obtained money from family and it was placed in his trust. He then cancelled the hearing and held the money refusing to return it to me. We exchanged approximately 15 emails back-and-forth he wanted to be applied to past and future attorney fees. Never having been in court I relied on him to represent me appropriately. At the contempt hearing, he did not mention anything about $4000 and I was found in contempt and placed on the purge plan. He agreed to a plan that is nearly impossible to make. If I do not do so I face jail time. I am not trying to get out of my obligation only to be able to do so and still eat. My ex-wife emailed me several days before the payment is due threatening to have a warrant served. To top it all off I fell and compound fractured my radius and all not and I'm unable to perform my job duties for another 6 to 9 months due to the dexterity required. What are my options and what can I do? I can't afford an attorney and still pay the support. I've been in contact with a legal aid. I thought contempt was a willful act this certainly was not the case with me. Any suggestions? Thank you.
1 ANSWER
4 Awards
You can file a request to modify the purge plan based on the new circumstances (if your injury occurred after the purge plan was entered). This would need to be done quickly before a warrant issues. As to your attorney, you should request a full statement of account from him and review your fee agreement and emails to ensure you understand what the $4000 was being used for, his hourly rates or flat fees, etc. You should always first attempt to address your concerns with the attorney or his office directly. If the attorney will not communicate with you regarding this, you may contact the Bar Association to attempt to mediate regarding the fees or monies and if any portion should be returned to you. If you had a past due bill, he likely is entitled to that portion of the funds. For future, however, if you tell him to withdraw, he must do so and return any unused portion of the money, which you could then use to hire a new attorney. Please note that most attorneys who have frustrated clients may be very good attorney working hard for your case, but are terrible at communicating with their clients. You may find that if you explain you want an accounting and are considering having the matter reviewed by another attorney, the current attorney will be able to explain to you what and why he is doing. If not, though, you should follow up with other counsel on how to best proceed. Best wishes to you.
Answered on Jan 26th, 2015 at 12:04 PM