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Hello I was divorced 6 years ago. My husband got cancer and

Hello I was divorced 6 years...
Hello
I was divorced 6 years ago. My husband got cancer and filed for a reduction in my alimony He wind. He recovered, and I filed for reinstatement. The case went all the way to the Vermont
Supreme Court, with all 5 justices in agreement with me. The case was reversed and remanded to the Chittenden County Court again.
After the case was filed with the Supreme Court, my lawyer quit the firm she was working for and opened her own practice. Since then, she puts my calls always to voicemail, and does not respond to correspondence that I send to her.
I have many questions now, as far as the reverse and remand process goes, and this lawyer will not connect with me. I do not have the energy or the money right now to hire a new lawyer and get that lawyer up to speed. I called the Supreme Court, who referred me back to the lower court, and they told me that a judge is going to decide what comes next.

My first question - Why would my lawyer be acting this way? It seems like she wants me to dismiss her. Why?

My second question - My lawyer wrote me a brief letter, enclosing the Supreme Court decision, and telling me that the next step would be to file briefs or schedule a new hearing. I am dismally depressed if this process will entail a new hearing, with everyone present, endless questioning, new affidavits, etc. etc. It has cost me a fortune to get this far. Can you explain to me what goes on at a hearing for a reverse and remand? How complicated is it?

How do they decide which judge will preside? The original judge clearly made mistakes of the law, so he couldn't be chosen to hear the reverse and remand, could he?

FYI, my alimony award was compensatory, and was for a substantial amount for a very long time.

This web site has helped me in the past when no one else would, and I am hoping that you can help me now. Thank you. Donna
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Answered in 3 minutes by:
7/24/2013
Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
Verified
Thank you for your question, Donna. Please permit me to assist you with your concerns.

This is indeed a bit of an unusual situation, and while I can suspect a few reasons as to such behavior, I will reserve my opinion for just a second. Is there currently an outstanding balance that you may owe her at this time?
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Customer reply replied 4 years ago

I owe the firm that she previously worked for 1,500. She has not sent me a bill since she opened her own office.

Donna,

Thank you for your follow-up. Here are my suspicions and likely why she may be acting as she is now.

1. Going to the Supreme Court is extremely lucrative to an attorney, but it is also extremely stressful and takes up a huge amount of resources. The fact you won is extremely commendable as that is not always the case, but sending the same case down to be re-tried is again extremely stressful. For a solo practitioner that may not be something that they can effectively handle or perform, purely based on the resources they may have available. Something that she could handle by having the initial firm (and the wage) behind her might not be something she can do now in her current condition.

2. A 'reverse an remand' is essentially a new hearing (and perhaps why your attorney likewise feels like she is unable to go through the process all over). In a remand the lower court has to review the WHOLE case from scratch and then base their decision on all of the facts again, but take into consideration whatever instructions the higher court imposed. The decision may change or it may be upheld, but it is essentially the whole trial again from beginning to end.

3. Typically a new judge can be appointed, or if an old judge is tapped, you or your attorney could file a motion requesting him to recuse himself from the proceedings.

Good luck.

Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
Verified
Dimitry K., Esq. and 87 other Family Law Specialists are ready to help you
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Customer reply replied 4 years ago

I found the whole appeal process to the Supreme Court to be the easiest


part of this whole process. Briefs were filed, and a decision was issued.


It was amazingly simple, compared the process of depositions and hearing after hearing that I had to go through with the lower court.


 


Do you think I should fire her? I have a very limited amount of resources


to see this through.

Thank you for your follow-up.

If you no longer feel that you can trust her to assist you, then potentially retaining new counsel would be wise. This is really your own comfort level issue--if you feel she no longer has your best interest at heart, then you may want to find someone else to take over.

Good luck.

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Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
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