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Irwin Law
Irwin Law, Attorney
Category: Legal
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Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Plaintiffs are lawyers suing a client for refusing to pay legal

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Plaintiffs are lawyers suing a client for refusing to pay legal fees for two and one-half year divorce representation. Divorce is concluded, except for the distribution of funds from the husband to the Defendant per the divorce order. Defendant agreed verbally and in writing to pay her legal fees from that disbursement of funds, but now refuses. The Defendant will never have any other money from which to pay the damages in the lawsuit for Breach of Contract and Fraud. What, if any, petition or motion can those Plaintiffs file to ask the Court to order the funds to be dispersed into something like "escrow," pending the resolution of the trial? I looked at Interpleader, but this involves third parties. Escrow seems to imply a mutual agreement of the parties. Can there be a one-sided escrow ordered by the Court to hold the funds disbursed per the divorce order to pay the damages in the event the Plaintiff prevails in the case. Otherwise, there is no other way to collect the damages and she did agree to pay from those funds.

The lawyers should go back and re-open the divorced decree to require the husband to pay their fees directly to them and by-pass their client. The fee portion of the decree can be paid to and held by the clerk of the court. They can still enjoin the husband from paying her all the money and do it in the divorce action itself by modification of the final order. The divorce court has continuing jurisdiction.

 

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