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rvlaw
rvlaw, Attorney-Therapist Mediator
Category: Family Law
Satisfied Customers: 8386
Experience:  Attorney-Therapist Mediator for CA Divorce Mediation Center; over 30 years private practice in NYC.
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I have had a matter stayed in Family Court and am now waiting

Customer Question

I have had a matter "stayed" in Family Court and am now waiting to have the fee dispute arbitrated by the State Bar Fee Dilpute Committee. The Judge in Family Court ORDERED the matter "STAYed". Now the attorney has filed ANOTHER motion against me back in Family Court re: the same matter that has been stayed. I opposed it and then filed a Motion for Order to Show Cause Regarding Contempt reminding the Family Court Judge that she has already ORDERED this matter "stayed." In the attorneys opposition to my Motion he states "he has not violated the Order because the original order was "directional". What does he mean or what is it that he is trying to prove b using the term "directional"?
Submitted: 5 years ago.
Category: Family Law
Expert:  rvlaw replied 5 years ago.

Hi, and welcome to Just Answer. Thank you for entrusting me with your legal issue. I will do my best to assist you. During the course of our interaction , I may need some additional information. Also, please keep in mind that while I assist you, I don't know what you already know about the issue unless you tell me.

 

Stayed in stayed...the "directional" argument is nonsense. The judge will reiterate the stay unless there is some reason to lift it. Staying the case means it cannot go forward. Usually a fee dispute is reserved until after the case, but there may be a reason why it is necessary here.

 

rich

rvlaw, Attorney-Therapist Mediator
Category: Family Law
Satisfied Customers: 8386
Experience: Attorney-Therapist Mediator for CA Divorce Mediation Center; over 30 years private practice in NYC.
rvlaw and 2 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.

Dear XXXXX (rvlaw):

 

Thank you. The reason for the fee dispute now is that after over 2 1/2 yrs in what I thought was a positive attorney/client relationship during my divorce and already paying $263,000, my attorneys wrote me a letter stating their withdrawal and that my balance of $52,000 was to be paid in full. I attempted to resolve this matter the way the NV State Bar Assoc recommended: make an appointment, go talk to you attorneys and tell them of your concerns. I did that last Oct '07 and they charged me over $2,000 for the visit. Then the withdrawal letter came and an Attorney's Lien and for Judgment. I had no where to turn but the NV State Bar Fee Dispute Arbittation Committee. They had me get the Attorney's Lien Matter "Stayed" in Family Court so that they could then have jurisdiction. I am doing this all "in proper person" because I am broke, and my divorce case goes unresolved and the attorneys hold all my case filings and documents, evidence and personsal papers, hostage! That is why I must resort to online help and a couple of paralegals and attorneys in Reno who know what is going on and are outraged try to help me with some advice and recommendations.

That is why there is a FEE DISPUTE even before the case is closed. I would only like, at this point, to get enough of the divorce case resolved so that I can go to the District Attorney's Office and activate a case with them so that they can fight to help me collect child support, health insurance for the children that was to be paid, 50% out-of-pocket medical expenses, and alimony. But with this ongoing battle with my own attorneys, whom I trusted with my life and all that I had, I cannot begin to finalize my divorce with my files held hostage and being left in financial ruin.

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