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Ask Andrea, Esq. Your Own Question

Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11781
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Hi ANDREA HAD 4 way conference with husband his attorney and

Resolved Question:

Hi ANDREA HAD 4 way conference with husband his attorney and me and mine. Everyone is still harping on the $20000 husband took out of his 401k for my criminal case because of my alleged extortion case. You sent me a wonderful ed plantar I on of that scenario but it was erased due to billing and inability to reopen case because I cancelled PayPal pants and closed acct. I hope u have copy of response u sent me. 2006, threatening letter I sent to someone turned out to be letter of extortion. Husband took $28000 out of 401k to pay my $20000 legal fee. Now 7 yrs later he wants it back. You replied to me that money was marital property, like taking it out of one pocket and putting it in mine....do u remember your explanation or have it saved? My lawyer won't accept THAT marital asset explanation to eliminate that topic. He also is hesitant to bring up paper I filed for husband to pay legal fees, stating it usually gets awarded in fault divorce only. If u recall my lawyer closed his practice and stuck me with this current lawyer
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Good morning, Donna, I recall the Answer I gave you, but I do not have it saved. If you remember the "User name" in your previous account, you can ask Customer Service to give you the URL, type it into your address bar and you will find it. I just did a search of your present user name, but apparently, it is the new account.

 

I have an idea. The website keeps lists of questions we Answered. If you recall when, what month, I gave you that Answer ? If so, do you also happen to recall the first 8 or 9 words in your post ? I can look it up on my list of questions I Answered.

 

It bothers me to no end how some Attorneys are not only unfamiliar with an area of the law, but they do not even bother to research an issue, yet continue to demand large retainers from their clients. On the issue of Attorneys' fees, your attorney is totally wrong and he would not have given you the answer he gave you, if he bothered to spend an hour or so, researching the question in the same way that I just did. I am listing Massachusetts cases where the Court awarded counsel fees and I have placed in quotes statements made by Judges in the decisions of these cases,

 

"In deciding the question of attorney's fees, the relative financial capacities of the parties are, of course, factors which should be considered." Fugere v. Fugere, 24 Mass.App.Ct. 758,761-762 (1987); citing Hano v. Hano, 5 Mass. App. Ct. 639, 642 (1977) and Robbins v. Robbins, 19 Mass. App. Ct. 538, 544 n.11 (1985).

 

 

"No one factor should be viewed in a vacuum. Pemberton v. Pemberton, 9 Mass. App. Ct. 9, 17 (1980) (referring to a "considerable" number of "judgmental variables"); Robbins v. Robbins, 19 Mass. App. Ct. 538, 543 (1985) (referring to "numerous, complex variables"); Kane v. Kane, 13 Mass.App.Ct. 557, 560 (1982) (referring to "the application of many factors"); and Perkins v. Blake, 3 Mass. App. Ct. 415 9(1975) (noting that no "single factor is necessarily decisive")."

 

 

"An award is even more appropriate when the Wife will suffer hardship if she has to pay her own attorneys fees and costs. Frietas v. Frietas, 26 Mass. App. t. 196, 201 (1988). Kennedy v. Kennedy, 400 Mass. 272, 275 (1987)."

 

 

"Where a case is long and difficult, where a party has adopted dilatory and evasive litigation practices and is recalcitrant and taken positions which increase counsel fees, the Probate Court should award the responding party her attorney's fees. Perkins v. Blake, 3 Mass. App. Ct. 415 (1975); Redding v. Redding, 398 Mass. 102, 110-111(1986); Davidson v. Davidson, 19. App. Ct. 364, 378 (1985)".

 

 

"Where a party provokes unnecessary or ill - motivated litigation, the provocateur ought not to gain an advantage through its use, nor force the other party to bear the burden of defending such claims. Bird v. Bird, 24 Mass.App.Ct. 362 (1987)".

 

That particular website has many more cases on counsel fees. Here is the link:

 

http://www.nissenbaumlaw.com/public/Summaries/counselfees.shtml

 

If this is the caliber of work and legal representation he is going to give you, you should consider demanding your money back and getting another Attorney who is willing to put in the hours and do the work that is necessary to properly represent your interests. The Attorney should do the research on the question I Answered for you because that is what he is getting paid to do. I will not be doing his research for him, unless he wants to pay me (LOL).

 

_____________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11781
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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