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Details of my complaint. >divorce > October 2010 to June

 

Customer Question

Details of my complaint. >divorce
> October 2010 to June 2012 - My case have been past to 3 different lawyers at the same office. > Each new lawyer charged time for getting renewed to my case - over $40,000.00 to date. > Resending information / answering already answered questions. > March 26th 2012 - Emails with the wrong names attached / email of a case from another clients for theirs. > Latest lawyers is going away on long holiday and will not be available for court date this October 2012. I will be passed to another lawyer. > June 18th 2012 - The lawyer is now demanding my mortgage for payment or they are not prepared to continue to incur legal fees on your behalf on an unsecured basis. The lawyer knows my finances are not available now. But wants me to borrow from the bank in order to pay same. > The lawyer wrote June 26th 2012 : you are also not being asked to grant a joint mortgage. You alone are being asked to grant a mortgage to Lawyer. It relates to your interest alone. Please advise if you are prepared to grant the Lawyer a mortgage. The bank is not involved in any way in this mortgage, as it is between you and the lawyer alone. > The lawyers have dragged out my case > January 2012 this could have been finished without going to court > all could have been settled out of court - big promises with no results. Their delays cost my case to get settled out of court.

Attempts I have made to resolve the problem.
The lawyers know my finances and they know they will be payed in full when my case is finished. I went to my bank manager at RBC and email my lawyer with the updated news. RBC can not help until their is a settlement in my case or after judgement. Everything is tied up till then. RBC read the lawyer contract regards XXXXX XXXXX over my rights to the mortgage to the lawyer. RBC said the mortgage can not be signed over to the lawyer.

What can I do? Pay the lawyer a small amount till paid in full.
Go to court and represent myself.
Let this slide ( not answer to anyone ) till this becomes a paper divorce.

 



Already Tried:
answer on the first form.

Submitted: 322 days and 13 hours ago.
Category: Canada Family Law
Value: CA$79
Status: CLOSED

Accepted Answer

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Expert:  debra thal replied322 days and 11 hours ago.


debra thal :

I believe the lawyer is asking you to sign a contract that can be easily enforced down the road.

debra thal :

But I suggest before you consider getting a second opinion for a lawyer not part of this firm at all.

debra thal :

Find out what needs to be done on your file, when this lawyer can do it and how much, ball park, will need to be paid to get this resolved.

debra thal :

As well, in most provinces you can have a lawyer's bill assessed.

debra thal :

There are special courts to assess bills.

debra thal :

You cannot go back very far but can likely deal with the last bill.

debra thal :

So if you decide to change lawyers after this consultation that would be something to consider as well.

debra thal :

If you let me know your province I can suggest ways of finding a lawyer for a consultation

Customer :

Vancouver, B.C. - $40,000 is my yearly income.

debra thal :

You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.

The number is:

604.687.3221 or 1.800.663.1919.

debra thal :

Here is how you can deal with your lawyer's bill. You can have it reviewed:

debra thal :

http://www.courts.gov.bc.ca/supreme_court/about_the_supreme_court/Legal_Profession_Act_Review_Process.aspx

Expert TypeLawyer
Category: Canada Family Law
Pos. Feedback: 97.5 %
Accepts: 1606
Answered: 6/28/2012

Experience: I am a practicing lawyer and have also been an expert on JustAnswer since July 2008.

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