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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92553
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am going thru a very contentious divorce for past 2 years.

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I am going thru a very contentious divorce for past 2 years. My ex has a second family in China, traveled the world on business with other women, dissipated over $250,000 in martial money in 4 years on other women. I had no clue, it was a shock. I found out about it when I saw $80,000 in loans I did not know about. BTW in his deposition he states he gave $90,000 to a poor old women in China. It will be in the book. Meanwhile I am at home ,working full time as a Dr., taking care of his 100 yo mother with Alzheimers 3 years, who died right after I filed June 2011. We were married ,I thought happily for 33 years. Needless to say I loved him, and trusted him . I am 57, my ex 60,. We have one daughter ,26. In December 2012 I entered a NY hospital due to depression, which started 11/2012 as I wanted to commit suicide. I was retained by the court for 10 days as a suicide risk. My diagnoses are, PTSD, Depression without Psychosis, Anxiety. I presently am on anti-depressant meds, and have weekly counseling psychiatric, psychological . September 2011, I was diagnosed with hypertension, May 2013 I was diagnosed with diverticulitis, painful physically. I believe all illnesses are related to the stress of this divorce. This past April, May suicide idolization returned. Advice from my lawyer was " do not do it as he wins" She ,whom I like very much, I think is very frightened that I will commit suicide after the divorce. She started to talk about withdrawing 3 weeks ago. Doing my best not to die, with therapy and meds. Just had our fourth court continuance, in past 5 months this week, and the LIMBO adds to the depression. Now she is withdrawing from the case first under the guise of failure to pay in a timely manner. I have paid her $19,000 in past 10 months and continue to pay $1000 monthly. I have never even got a past due notice from the firm or a phone call , just a monthly bill Currently I owe $9000. She is my second lawyer , the first lawyer with forensic accountant cost $75,000, which I totally paid off just last month. Money really is not the issue,as I pride myself on paying my bills on time and have an excellent credit rating but I believe my threats of suicide is. Also I question the performance of her aide, a young lawyer with a snippy attitude, as far as details concerning the case. Truthfully I do not like her young lawyer aide, try to avoid her , however she is the primary gather of info for the top lawyer I retained. In April 2013, I was advised to go on Medical disability, I however decided to sell my 30 yo medical practice,rather then abandon the patients. I am a solo practitioner, and now have a definite offer in, awaiting one more offer, then will sell. Truthfully I believe this very good lawyer is abandoning me because of my mental disability, the threat of suicide. Is this against the Americans With Disabilities Act?

Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The Americans with Disabilities Act does not forbid an attorney from refusing to represent a client because of their disability I am afraid. However, Rule 1.14 of the Model Rules of Professional Conduct states ""[w]hen a client's ability to make adequately considered decisions in connection with the representation is impaired...because of mental disability...the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client."

This means an attorney representing a disabled client is held to a higher standards to represent the rights of the client, but if the attorney is not capable to deal with such a client this also means the attorney can seek to withdraw on the basis that they cannot handle the client's disability and the heightened duty and standard of representation. Thus, the attorney can actually stop representing a client's disability ultimately.




I truly aim to please you as a customer, but 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.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

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.

Customer: replied 1 year ago.

Paul, I have not heard anything about the money issue ,First time, she the lawyer, said anything about money was the day she told me,via phone, she wanted to withdraw ,4 days prior to our last court conference on 6/24/13. I have not received a Past Due notice from Blank Rome, or a phone call about my bill, or any correspondence from their billing department concerning such.

Seriously I feel the threat of suicide, and my inability to make a myriad
of life changing decisions, fast and clearly, considering this divorce
was a shock,depression added is why she is leaving. She cannot handle my disability ,depression. Legally I feel she is abandoning me Did she. Another reason to add to the list of problems. . Depression is worse then any physical ailment.

The money question,?

Thank you,
Lynn

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

I agree that she has not sent you notice on the money due, but when a client owes an attorney money, even if the client is paying monthly, the attorney is not bound to perform any further duties unless you have a written contract that she will continue to perform without full payment. However, if she is making your disability an issue and is not exercising the diligence required under the Rules of Professional Conduct then the case you have would be a malpractice issue, just not an ADA issue as this is not covered under the ADA as she is a private contractor as an attorney.
Customer: replied 1 year ago.

Paul, My lawyer knows jointly we have over 2.9 million in assets. The problem is everything is under martial freeze outside of regular income . She knows very well she can get a judge to open up one of the accounts. The money is really not the issue. The issue is she thinks I am going to commit suicide right after the divorce, with a high possibility of associated liability. As my psychiatrist says " the smart ones succeed at suicide ". The never ending continuances is what really now is depressing. I do want to live if I can get out of this limbo. Should I say anything to her before she withdraws. I have to interview new possible lawyers at this time and time is a commodity I have little of . Next court conference is 8/29/13. Thank you for your advice

 

 

Customer: replied 1 year ago.

Paul, I have not heard from you as of 5 :16 pm. your service has been very good, but I am under a time frame , tomorrow am to reply to my lawyer. I am requesting a 2nd opinion at this time.


 


Thank you,


Lynn

Expert:  Dimitry K., Esq. replied 1 year ago.
Lynn,

Thank you for your post. A different contributor here--I messaged Paul on your behalf and asked him to assist as he appeared offline. If he does not return shortly, I will conclude this question on your behalf, but as Paul is the one who is most familiar with this situation, please allow him the opportunity to conclude assisting you first. Thank you!
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. I apologize for the delay, I had to step away for a bit to tend to some business involving a growling stomach.

You need to tell your attorney that while you appreciate she is nervous you are just as nervous and she should understand these divorces are very difficult on the person going through the divorce. Inform her that you have invested a good bit of money with her and she knows you are good for the rest and ask her to reconsider withdrawing, but I am afraid by law she cannot be made to stay on the case unless it is right before a trial on the matter (if it is right before trial, you can get the judge to order her to continue if you want an attorney who seems to not want to be on your case). Other than this and the other legal recourse I mentioned above, I am afraid that is all you can do.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92553
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

wyer

Expert:  Law Educator, Esq. replied 1 year ago.
Sorry, but your reply did not come through.
Customer: replied 1 year ago.

Hello Paul,

 

I was very disappointed with the younger lawyers attitude ( almost gleeful with someone else's misery), and lack of attention to details. I purposely avoided interaction with her after the 2/12/13 court conference.

 

I believe the older lawyer ,whom I retained wants to withdraw due to associated liability of depression, possible suicide post divorce. My sister who has POA , a RN, has spoken to the older lawyer multiple times,concerning above also thinks this is the reason

 

Do I have a case of malpractice against this firm ?

 

Sincerely.

 

Lynn xxxxx

Expert:  Law Educator, Esq. replied 1 year ago.
That is a shame that an attorney would act that way, but these young kids never learn much compassion.

It is possible that you do have a malpractice claim against them or not properly dealing with you in accordance with the rules based on knowing your mental condition, yes. However, this would require an in depth review of your file and what she has done and has not actually done to make a certain determination of malpractice.
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up. A different contributor here, I was asked to chime in and provide you with my own evaluation.

I happen to agree with Paul's evaluation in this case. Without a more in-depth review, it is somewhat dangerous and premature to state that there is a malpractice claim. There has to be a review of files and investigation first before it can be shown if any sort of a violation truly took place.

Please be well!
Customer: replied 1 year ago.

Hello Paul, Dimitry or any good lawyer at this late hour,


 


At court conference of 6/24/13 my ex husband and his lawyer were ordered to supply and have his income statements up to date as I was . I had the P & L up to 6/18/13 from my medical practice. He currently is working in the Mid East , Dubai,as a 1 year contractor for an American company making $155,000 a year. This is part A of his contract . HE DID NOT SUPPLY Part B of the contract which has associated benefits and a bonus commission. My lawyer just asked for it via letter to his lawyer 6/26/13. He also has a pension from his former employer of 27 years, in pay status for past 5 years of $2500 a month. We were married the entire time he worked there.


Questions.


#1. Is there any repercussions for my ex or his lawyer not supplying Part B of his current employment contract at conference as ordered by the court? ie. a fine or contempt?


#2. His pension ? I found out verbally 2 years after he was receiving it that I am not entitled to survivor benefits if he dies. Nice guy!. My CPA states normally a spouse must sign off on this. I do not remember ever signing off on his pension. How do I find this out?


#3. U.S taxes he has to pay on current contract. How do we find out about this amount he is paying if he is? His lawyer states he is paying U.S taxes on it. I do not believe it


#$4. Most important . My ex always spoke about the American contractors working in Dubai or Abu dhabi , for a UAE company who did not have to pay U.S. taxes. This was one of my ex's goals. 2 years ago


ago I wrote to my first lawyer " Watch him, In 2 years you will not know where he is. Good luck finding him". I told my current lawyer this and I think she thinks I may or may not be right. Is there any way to keep this scoundrel from disappearing from the face of the earth in case I get alimony, or he states one year from now he is unemployed, however sub contracting for a UAE company.


 


Thanks again,


Lynn


 


court? ie. a fine or contempt

Expert:  Dimitry K., Esq. replied 1 year ago.

Lynn,

Thank you for your follow-up. Paul is currently resting, I will take over although I will likely be logging off shortly as well due to the lateness of the hour. Please allow me to assist you directly.

Questions.

 

#1. Is there any repercussions for my ex or his lawyer not supplying Part B of his current employment contract at conference as ordered by the court? ie. a fine or contempt?

That is potentially contempt, although first the courts will compel production. This would not be his attorney's violation, if any charge is levied it would be against the ex. The attorney would only be hit with contempt if the judge finds out he had the document and purposefully withheld it after formal requests were provided to him to turn the document over.

 

#2. His pension ? I found out verbally 2 years after he was receiving it that I am not entitled to survivor benefits if he dies. Nice guy!. My CPA states normally a spouse must sign off on this. I do not remember ever signing off on his pension. How do I find this out?

Request a subpoena of records.

 

#3. U.S taxes he has to pay on current contract. How do we find out about this amount he is paying if he is? His lawyer states he is paying U.S taxes on it. I do not believe it

Likewise, this is a request via subpoena for his current taxable payments and any records of taxes he has been paying directly on his own.

 

#$4. Most important . My ex always spoke about the American contractors working in Dubai or Abu dhabi , for a UAE company who did not have to pay U.S. taxes. This was one of my ex's goals. 2 years ago

 

ago I wrote to my first lawyer " Watch him, In 2 years you will not know where he is. Good luck finding him". I told my current lawyer this and I think she thinks I may or may not be right. Is there any way to keep this scoundrel from disappearing from the face of the earth in case I get alimony, or he states one year from now he is unemployed, however sub contracting for a UAE company.

Ugh, that is tough. If he is overseas you cannot somehow cancel his passport, you would still need to go looking for him if you can. The best way to keep him from disappearing is if you obtain some sort of a judgment, to place liens against his financial accounts to prevent the funds from going elsewhere.

 

Good luck.

Customer: replied 1 year ago.

Good Evening Paul, Dimitry,

Today I received a certified letter from my lawyer, Mary, stating she was
filing to withdraw addressed to the court. Letter was copied to me, sent
certified mail. Do I have the right to object ?

I have not as of yet retained new legal representation. Today I met for
2 hours and 15 minutes a new lawyer. He was very efficient, reviewing all
monetary facts of this case. After 2 hours I had to get up and needed to
leave as the want again to commit suicide plus the very sudden physical
abdominal pain of diverticulitis became over whelming . I do not live in a
vacuum. I know the lawyer is trying to do his job , but this divorce is not
only "It's all about the MONEY " as the first lawyer Lynne Gold - Bikin ,
stated. Yes, part is about the money , but more the pain of deceit, lies
is what makes me want to die. Divorce encompasses emotional pain first,
physical pain second, but lawyers only care, in a tertiary way about the
finances . Why do the courts, lawyers not see what divorce really creates.
The devastating effect mentally, with the possible long term physical
effects it has on the victim. In my case I want to die because of it
.
This pain is not worth any monetary values. The deceit has taken away a
want to live. To review it with a lawyer, accountant just amplifies it.

More practical Paul, Dimitry , Do I have the right to object to her
withdrawal? Legal papers asking for her to withdraw were sent to the
court. I plan to meet with another lawyer next week and decide which one I
would want to represent me, as best he, ,she can. I am living to protect my
daughter, as I know he lies and will forsake her also

Thank you, Your advice so far has been excellent.

Lynn

Expert:  Dimitry K., Esq. replied 1 year ago.
Lynn,

Thank you for your follow-up. At this point your additional questions should either be posted separately as the questions are beyond the scope of your original posting (which was solely based on the ADA concerns and had nothing at all do with these subsequent matters), or please rate prior responses that you obtained. Please be aware Paul or myself only get compensated when you rate our answers and I do look forward to assisting you with your additional requests.

Good luck!
Customer: replied 1 year ago.

Dimitry


I disagree with being out of the scope of my original concern , Because of a mental disability, I am unable think clearly and make so many decisions forced on me due to this divorce. Death will terminate the decision process, terminate pain.


 


Lynn

Customer: replied 1 year ago.

Dear Paul or Dimitry,

Yes I did rate all your answers either good to excellent service. If there
is an answer I did not reply to, please forward and will rate it again..
Main problem with PTSD, depression, reoccurs whenever I have to rehash this
story either with another lawyer , or another forensic accountant. First
thoughts of suicide began late October, 2012, ( I filed for divorce June
2011) reviewing on phone, with my second lawyer, and her assistant for 1
and 1/2 hour the A & L chart of October 2011 and making corrections..
That was the beginning of sadness, depression , nightmares, thoughts of
suicide to escape it. Feelings continued to escalate, potentiated by the
upcoming Holiday season. I voluntarily entered myself to a psychiatric
hospital in NY, and was retained by the court for 10 days as a suicide
risk. Upon discharged I agreed to weekly mental health treatment which I
am still actively pursuing along with anti- depressant medication. I met
with new lawyer last Monday 7/1/13 rehashing ,reliving this Hell, the
whole shock of years of deceit returns with a sudden vengance.
Flashbacks begin again. After 2 hours I abruptly left the lawyer, was
angry,sad and the overwhelming thought that death will prevent this Hell
,returns . The exact same thing happened one month prior when I met with
forensic accountant for 4 hours. I had to leave . Death would be the only
solution to this abyss at that moment.
Tomorrow I am meeting another possible lawyer to retain and will have to
reiterate the story of this marriage. I keep saying to myself, "How could
anyone engage in such deceit, do this to anyone for so long ,let alone a
man who professed to love his wife, for so many years". Sadly I did love
and trust him. I only pray and hope,sudden flashbacks do not happen again.
Psychologist says max is 1 and 1/2 hour to spend with new possible lawyer.
Then leave and go right to supportive source.

Thank you Paul, Dimitry for your advice. I truly want this divorce over.

Expert:  Dimitry K., Esq. replied 1 year ago.
You are most welcome, truly. I do wish that you have the most optimal resolution to this going forward.

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