me too. hence the delays as issue pop up. really appreciate this.
So I have a written "I'm sorry for the delay, and litterally about 45 emails asking - then demanding responces without any return reply or expectation mgt.
I'm offered verbially a makegood effort of his firm (now a merged company) covering the costs for some of the more important supeanas. (wow i'm tired sorry for the typos). I turn to him and say. you're my stratigist, I've never done this before. Please map out a plan and exicute against it (cashing in on the make good.)
This makegood never happens. And time passes. We're now mid 2011. And we need to pickup the pace - threats are pounding in left and right for responces and actions we need to take - they are being ignored and not responded to - even while I'm providing data within minutes of each notice. Nothing is being done.
On phone calls I start to notice there is a confusion of details. He'd been breifed in Nov of 2010. And I realize I need to return to the office and do this ALL over again. Another 4 hours at least. This time his tenor has changed. I realize and verbialize in writing that this is where the heavy lifting needs to occur and it is not. The client cracks the whip. Action begins again, and more money out of pocket for a redundant process. Do the math it's not pocket change.
By late 2011, my home is $75K underwater, and we're pursuing a payout of that debt. My ex who can afford to sell the home and take the hit threatens to sell the home out from under me to drive me into debt. My attorney has no stratigy solutions. We are now sitting ducks with no financial information, and the threat of a sale of my home and debt that would ruin me for 5+ years. My attorney suggest caving, and praying as a final stratigy. And that's exactly what we do. How angry am I? I've been out stratigized, and out preformed, and out worked with little to no real work being done to actually defend me or be offensive.
So I see several of these things as "service issues." (hold those two words tight as we move forward here.)
Now. We agree to a crappy settlement, the opposing council verbally agrees to write up and prepare all documents. Settlement agreement is presented, I ask for a full review. And guess what. This detail isn't included. I end up having to spend another $1500 to wrap up legal documents - again a cave and bolt stratigy for a "mistake" made by council.
Now. Financially and contractually I've agreed to a retainer plan. It states, I will recieve monthly notices that keep me current on the retainer. That never happened. Instead during the merger the accounting dept fumbled and fumbled thru bills. I recieved and agreed to pay for a back bill on Dec 30ish for $1750 in forgotten timesheets. But needed to "close out the year." I balk at the invoice and ask that the money that would have been put into the make good (that never happend) be applied her and that we call it even. Nope if you want legal help you gotta pay... we're not done so I do. In Mid Feb with a check in hand and a personal hand shake. I confirm. "So this is it" We're done right? Responce verbal - Yep you are done there is no more money due. Congrats you are divorced. From here there's just small stuff to wrap up and we'll be happy to help you thru those final details." A verbal quote.
I move into excuting the terms of the settlement. I'm of course burdeoned with preparing all the docs left at hte house - I need to copy everything, I need to save the house, I need to invest what I have and I do so. I'm glad to be done.
In early Feb the personal items my ex wanted in the settlement are packed by her vendor
. On Feb 14 those boxes are picked up by another vendor and shipped. The $23K wine cellar is moved to the east coast.
In early April we recieve notice that many of the items are broken, certainly during shippment as I've already shared the photos I'd taken the day of packing... (I was not advised to do so, but realized I should - I see this as non-guidance in a very challenging case.) My council advises we ignore it. And we do. I write up a detailed response to what I know was in the boxes, xmas ornaments are in the rice steamer, just open it and stop bothering me. the 1-inch pocket knife is in the Mark Jacob's bag, just open it... finish unpacking and stop wasting my time and my money - right.
On april 19th we are threated with some kind of action that would pull us back into court to discuss the inablity of my ex to unpack (i really don't care I just want this handled) My council agrees that he will send MY note off.
On April 23rd 2012, I'm presented with a $3000 back bill for timesheets from gosh - July - Sept2011.
I flip out. I was told I closed the year out, that as of Jan 2012 when I paid the additional $1750 that I "was current." How can this bill be accurate - right?
Oh and by the way sir, if you need us to help you with your case, we need you to pay for your balance.
So you mean to tell me that I have confirmation from council that this broken items issue will be resolved on the 19th. Councils stratigy was to delay and ignore this issue to that point. We are no under threat of being additional motions - with addional legal fees that I'll have to pay to make it thru. You present me with a backbill for 2011. And expect me to pay it before you help me any further?
I write a note, as if I'm the council and ask that it be forwarded. this happens in two minutes flat. wow.
So now, I'm sitting her trying to sort out what to do... I'd like to point to the service and the mistakes. But I'd like a clear pix on my options for a] reducing my legal spend. I see so many mistakes. and so many poor service issues. As well as I have no clear picture on my financial history - no statements. No clue if money is missing. And the potential that I'll need to cover costs for broken items I did not break.
I'm about to need to put an an additional $18K into the house to save it thru the refi process and ultimatly save my ex from the debt her council threated.
I'm broke broke broke. And that's why I'm here.
I need help undertanding what is and is not appropriate. what my negotiating power is. And what my next step is.
While the firm is asking for the $3K payment they have yet to ask for additional retainer dollars to continue... and I'm nervous.
What do you recommend?
And were not done.