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Ask Legal Ease Your Own Question
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 96413
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I have been redirected to a family law lawyer when my lawyer

Customer Question

I have been redirected to a family law lawyer when my lawyer did not know how to deal with a pension issue..this lawyer has seen me for 30 minutes, read what I had and then wrote a draft that I specifically had told him what I wanted..the draft had everything I did not want..for 2500 dollars with a new retainer for another 1500..how do I make sure this does not continue?? I feel trapped!
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.
Don't pay him the retainer and tell him you are not satisfied. Then retain a new lawyer. You are not trapped!
Customer: replied 1 year ago.
I already have paid him almost 3 thousand! I am retiring I cannot afford to waste this time ormoney
Customer: replied 1 year ago.
I had agreed with my ex..no dispute..he wanted me to go for back payments from 6 years..I said no..we agreed on 50/50 split thats all I wanted.He wrote up the draft with back payments..my ex is now very upset as I am.
Customer: replied 1 year ago.
the 50?50 split to be when the papers are signed and split monthly as he is already retired..I have no pension..married 32 years
Expert:  Legal Ease replied 1 year ago.
Then see another lawyer and sign a direction for the file to sent to the new lawyer who will listen to you and ask for all funds held in trust to be returned to you.
Customer: replied 1 year ago.
But then I start all over again??I have already directed him to comply with my requests and draft a new draft!
Expert:  Legal Ease replied 1 year ago.
Then tell your current lawyer what you think and that you are thinking of getting another lawyer.
Customer: replied 1 year ago.
If he does not do as I ask..can I ask that he refund my money..he is 395 an hour!But I thought it was very direct..as there was no dispute..we just needed sign off for the pension and that was it..We had 4 kids..agreed on everything to put them through school..it was just a matter of that document to file for divorce?
Customer: replied 1 year ago.
He is in a high.. end law firm.. I am just a nurse..I don"t think he will care.
Expert:  Legal Ease replied 1 year ago.
You can say you will have his bill assessed if he doesn't either do as you say or return the funds. You can say that there was a simple and full agreement and this should not cost much at all.
Customer: replied 1 year ago.
I said that to him in the initial interview and he seemed on board with it..is this ethical behaviour..or maybe I am missing something?
Customer: replied 1 year ago.
Can I redirect this to another lawyer..after separation is completed and does he have to give me all files?
Expert:  Legal Ease replied 1 year ago.
It sounds to me that he wants to bill as much as possible.If you don't owe him any money he has to give you all your files.
Customer: replied 1 year ago.
I have paid him up to date 2590 I think and just issued another retainer of 1500..I am sick over this waste of money....this was totally not what I was expecting over something uncontested....by me or my ex..I am starting to feel it is just wrong..
Expert:  Legal Ease replied 1 year ago.
Then tell him you are done. Take the draft agreement and finish it with another lawyer. Just cut your losses.
Customer: replied 1 year ago.
so..I have emailed telling him I will be leaving on vacation..that I would like to sign off on everything next week before I go..I have said all the things I asked for again..is that reasonable to request?? and then I will ask for the papers to be given to another lawyer for the final divorce papers?
Customer: replied 1 year ago.
if he says no..? Do I have the right to ask for all the paperwork?and refund of my last retainer?
Customer: replied 1 year ago.
Does he have any right to insist that I am entitled to back payment..if I choose to start from now..I was able to manage it till now..I feel I was was able to provide for my kids and they are all educated..I feel it would be undue hardship for my ex..he has a great pension..but he is a gambler..
Expert:  Legal Ease replied 1 year ago.
I am sorry for the delay but the site has just started this new chat program and I could not see your post except in my email bit not online. He must give you all the papers and the retainer back and your new lawyer can get them for you.
Expert:  Legal Ease replied 1 year ago.
I can now see all the post again. But I cannot answer the new question on this post. Please start a new post for the new question. You can put my name, it is Legal Ease, into the post and then I will be the one to answer.

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