How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111570
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I believe that since my current divorce attorney got beat

Resolved Question:

I believe that since my current divorce attorney got his rear end kicked in court AND has already cleaned out my pockets he is just rolling over on any attempts to mitigate the damage caused by his lack of ability to get a desired result. . Question one he continues to say the other attorney was awarded attorneys fee for defending a restraining order which took 2 days in court. He seems to be of the mind that NO MATTER what the other attorney submits as fees evn 50,000 she will automatically be awarded it. I have spoken to several attorneys who totally disagree Nd say she will have to fully justify her bill. How does this process work and also when I havE been talking to other attorneys about a possible appeal of such an UNJUST decision they do not seem to be interested in my case. Can someone please advise me the best way to approach a good attorney with regards XXXXX XXXXX needs without seeming eitheither desperate or
Ike I have my hat in my hand? Any advice would be greatly appreciated ? One more thing how is the best way to find a real true fighter for justice attorney. Thank you for your time on thiese questins
Submitted: 5 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 years ago.
This is not true that the attorney will be awarded whatever they ask for. Their bill must be reasonable and based on the actual work involved in defending the restraining order. This means your attorney can demand an itemized bill showing the hours expended and can challenge the time spent on each item as not being reasonable in the standard of practice. The attorney can try to challenge the attorney's hourly rate, but unless that hourly rate is so far outside of the industry average in your area, that is not usually a successful challenge (for example if your attorney charges $200 per hour but the other attorney charges $375 per hour, that is not necessarily something that can be successfully challenged if the other attorney can prove that is their standard hourly rate and it is close to or within the range of other attorneys in the area with similar experience and handling matters of the same complexity).

The other attorneys likely seem disinterested in the case on appeal because so very few divorce cases are overturned on appeal because the factual determination of the trial judge are given such weight that it is almost impossible to overcome them unless the judge did not act in accordance with some law. Unfortunately (and I know you do not want to hear this one), if you put up sufficient retainer for the appeal you can find an attorney to take it and generally by sufficient the average appeal on a divorce will require at least a $10,000 retainer for most attorneys to be interested.

The best thing to do is get the court file with all of your evidence and bring it to a local divorce attorney. To find a good one, ask around the court house. Ask the clerk in the court, ask a few of the other attorneys in court about the toughest divorce attorneys (don't do this in front of your attorney or the other party's attorney) and set an appointment with them and bring them your file for review (it may cost you to pay them for 2-4 hours of their time) and ask for a fair evaluation of your case to see if there is any violation of law in the decision that is capable of being appealed. You can also use the same sites used by other attorneys, http://www.martindale.com or http://www.lexmundi.com


I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”

Law Educator, Esq. and 3 other Legal Specialists are ready to help you

Related Legal Questions