How to work with Divorce Attorney?

[inthedoghouse]

How can I best work with this attorney to make sure my case, now 10 months in the legal system (and even longer in the making), proceeds diligently toward a conclusion?

Just a little background. This case has been going on now since 10/04. My wife is basically trying to punish me by refusing to negotiate a fair separation of assets. (No children, No infidelity, no abuse, she is recovering alcoholic, arguably 100k in marital assets; 9 year marraige.) Even the mediator back in May/05 was surprised at what she was asking for and gave me a number that I eventually offered. She escalated her demands to the point that negotiations broke down. I then hired an attorney (litigator-type). (Initial discovery was done back in 2004 with a previous attorney that I kept up to mediation.) I paid new attorney $3500 retainer and gave him all filings and financial information that I had neatly summarized. During the first four weeks with him I sent a new piece of information each week that he had requested during our initial consultation. I heard nothing from him for a month. At that point I sent him a list of questions via email and did not receive a response. So I followed up with a phone call. He repeated to me the same thing he said at our initial consultation and a few days later I got a nice answer to all my questions via email. Since that time 3 weeks ago I have asked him basically follow-up questions and the status of this letter (proposal) to opposing counsel. One email per week followed up with a phone call. No new information has been forthcoming. I had shopped attornies and he was recommended by another attorney which I respected and was told he was formerly the head of the county's bar association. However, I feel I'm getting the run around. How can I best work with this attorney to make sure my case, now 10 months in the legal system (and even longer in the making), proceeds diligently toward a conclusion. Thanks for your help in advance. ITDH

[aaron]

Litigation takes time, particularly when issues are contentious or parties change lawyers.

You can ask your lawyer if there is anything that you can do to help move your case along. If there is, it is likely that your lawyer will tell you.

[inthedoghouse]

Thanks Aaron,

I've asked him that and got no response. The questions I've posed have not really been answered completely. I can understand complex issues and that things take time, as I have a pretty complex job myself. Should I just not expect anything but a final solution when it comes up for his consideration. e.g. sit down and shut up?? I can take that answer if its the best answer, but I also don't want the case dragging on for the rest of the year. How, often should I contact him about the questions he hasn't answered. Like for instance. I need to get personal property from the house. I made that plain on a few occasions since the outset of our agreement. But he has not made any attempt to secure my access to my personal effects at the house. It just seems its not important to him and therefore he doesn't make the effort.

Thanks, ITDH

[aaron]

Some lawyers are better at communicating than others. Some are better at explaining legal issues in simple terms than others. Some try to discourage clients from engaging in excessive inquiry for no other reason than to help the client avoid running up the bill (clients sometimes overlook how, when they are paying by the hour, a series of phone calls can cost them a lot of money). (And some clients call far too often, elevating every minor question into a crisis that must be immediately addressed.)

Some lawyers, unfortunately, aren't very responsive. Others may be thinking something along the lines of, "We'll be in court in four weeks; to act sooner will cost the client money and take up my time, so it can wait" - or even, "there's nothing I can do right now" - but not want to explain their client. If there are some very important issues for you (such as recovering your personal property), and you haven't been able to get a response, sometimes reducing them to writing will get a response. (As in, sending a letter).

[inthedoghouse]

Aaron,

I really really appreciate the reply. As I said I have sent him letters via email, and I'm a pretty good writer, so we can't blame it on that. Two months now since I gave him $3500 and he's promised to send a proposal now for 4 weeks. Still nothing. I have basic and hard questions that I feel he has dodged. I don't want to piss him off maybe a snail mail letter (certified?) to summarize my questions and / or ask the status of the case? I really don't know what the next step is I've been living in a rented room for a year now. This is like a jail sentence without a conviction. Are there any other resources that you know of. I promise this will be my last question. I'm serious, if you want to send me a bill please do so. Its not the money really as much as I just need to get this behind me. My witch of a wife has no incentive since my name is on the mortgage and not hers and she's in the house! Thanks sooooooooooo much, Eric.

[aaron]

How your lawyer would respond to a certified letter depends in part upon the full history of contacts between you and your lawyer, and in part upon the lawyer's personality. Unfortunately, I have no idea why the lawyer isn't getting back to you, or how he might react.