Recently my husband was involved in a lawsuit with his ex-wife. During the course of the lawsuit there was quite a lot of negotiating taking place both between my husband and his ex and between their respective attorneys. About four times during the negotiations his ex-wife reneged on an agreed amount of settlement money, trying to get more. After this had happened several times, my husband made an offer to her and told her that if she reneged again that he was going to withdraw all of his offers and that after that, he would offer her nothing in settlement. Well, she reneged again on the agreed amount and so my husband told his attorney that he would be withdrawing his former offers. His attorney replied that he thought that my husband had made the right decision and he was supportive of that decision. Shortly thereafter that same day after my husband’s attorney had consulted with his ex-wife’s attorney, my husband’s attorney not only changed his opinion of my husband’s decision, but told my husband that if he chose to withdraw his settlement, that he, his attorney, would withdraw his services.
Now during the course of this lawsuit, which took place over a period of five months, the ex-wife evidently had not paid her attorney or had not paid her attorney as much as she owed her (a woman attorney.) Shortly before my husband made this decision to withdraw former offers, his ex-wife’s attorney had notified the court of her intention to withdraw as counsel. After that point, the ex-wife would no longer have had the legal representation
of her then current attorney and she did not have the funds to pay another attorney to replace her. This being the case, my husband would have won the lawsuit by default, as the ex-wife would have had no representation and no means of procuring legal representation in the future.
As I said before, when my husband’s attorney first responded to my husband’s withdrawal of his former offers, he supported my husband. It was only after he had consulted with the opposing counsel, who told him that if my husband withdrew his offer that she was not going to get paid for her services, that my husband’s attorney changed his mind and refused to support my husband’s decision. My husband was then forced to pay the last agreed upon settlement amount, which otherwise would not have been necessary had my husband’s attorney not put the interests of the opposing counsel before his own client’s interests.
My husband still owes his attorney a couple of thousand dollars in legal fees, but feels that at the very least the remainder of these fees should be waived or even that my husband should in some way be compensated for this reprehensible behavior on the part of his attorney. Can you please tell me what my husband is able to do under the circumstances? My husband was required to pay thousands of dollars in settlement money that should not have been necessary if it had not been for the highly unethical dealings of his attorney. Please let me know what his recourses are. Thank you so much for your help.