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Money spent on counsel.

Petaluma, CA |

Is there a way to clarify cost for a divorce. I'm having to empty out my 401k for counsel and I am 62 years of age. I've gotten very little help for $10,000.00, a year later, with more billing from attorney ahead. I lost temp spousal and coverage of legal fees due to counsel not speaking & countering bold untrue statements made by husbands attorney. My counsel did not speak or counter a word.

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Attorney answers 3

Best Answer
Posted

It can be a money pit especially if you have ineffective counsel.

My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

Asker

Posted

What human being wants to take money from a client's retiremt account ( what little there is) in payment and not prepare to represent his client in court? This is what gives attorneys a very bad reputation and hopefully fewer clients than they could have.

Posted

Divorce is a difficult process - both emotionally and financially. I am so sorry. Unfortunately, there is no way to estimate the cost of a family law matter because so much is dependent upon both the complexities of the matter and, to a larger extent, the personalities of the litigants. If one party is not amenable to settlement, or is not wholly honest, then having to litigate every issue will drive up your fees through no fault of counsel.

Sometimes, untrue statements are made, but the attorney has no evidence to effectively counter the statement or it may not be an appropriate time too argue the statements (ie, when the matter is not at issue). It is appropriate to ask questions of counsel so that you understand the procedural process. Discuss forms of alternative dispute resolution with your counsel. The most efficient way to keep your costs down is to settle. Good luck.

Asker

Posted

If I were to settle per husbands ridiculous demands I would not have any spousal support, any part of home & his pension after 30 years of marriage . This is criminal to even litigate.

Erin Patricia Farley

Erin Patricia Farley

Posted

I think you have just explained why your fees are running up. It is the hardest part about family law - one unreasonable person can hurt everyone. You may have to trudge alone for a while, but the court will get it.

Edna Carroll Straus

Edna Carroll Straus

Posted

There are ways to settle that are not based on coercion and unending litigation. Unfortunately mist attorneys are not creative problem solvers--and will keep litigating as long as you keep paying. You seem to have one of those. But as Erin is (not quite) saying "statements" ny counsel are not the basis of monetary awards such as spousal support. FACTS are-- income. Tax returns, etc. I am guessing hubby is self employed? You need much better representation dn a CDFA. And an ward of attorneys fees--all based on FACTS. If there are issues with your attorney DOCUMENT them--in writing.

Posted

If you don't have confidence in your lawyer, you aren't bound forever to your lawyer. You can interview other experienced Family Law Attorneys and retain one to take over your representation.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

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