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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10259
Experience:  Experienced Family Law Attorney
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I have problem with my attoney's paralegal. After I

Customer Question

I have problem with my attoney's paralegal. After I complained her work, she hated me. She became very not profecional. For example; when I called, asked address of court house, she told me " I don't know!", When I asked how much is about printing fees " $10,000! ", actual cost was about $2,500. When we had meeting with a forensic accountant for my receiving maintenance issue, she tried to convince accountant that we had short marriage, we separated xxx, but actually I explained many times that we were living together untill right before filing devorce. At my husband's deposition, he stated that he was spending our marital assets for his ex-wife's alimony, his son's honeymoon, and other his living expenses. My attorney told me that automatically that not allow to touch. Paralegal said, not problem, 50% is his. Paralegal said, we only traveled during the marriage was to Japan, once. We traveled England, Paris, Israel, Japan, Casta Rica, and other domestic. Paralegal tried to convince accountant that we lived very low maintenance. She also said to me " fix your dog, that makes low maintenance, low vet's fees!" I raise my dog holistic, my dog is my family member to me.
Anyway, there were many more. I expressed my fear of having her. When I first talked my attorney, he also don't like she is getting too friendly with my husband's attorney. She is bad mood because she found out she has tumor. His wife also did not like she knows too much information about my attorney's wife..etc., but now, my attoney suppots her that she is working excellent for me. His office can not run without her, he depend on her.
But I difenatelly, her existence in my attoney's office will hurt my case. My lawyer emailed me if I don't like her, I shoukd change lawyer. I don't want to change, if he reimbursed $75,000, he received, I might.
What should I do? Also, he told me before he understood my complain. He also don't like her acting like lawyer. He sometime angry at her. When she told me that judge through away my postnup agreement. But infact was genuine agreement.
Submitted: 1 year ago.
Category: Family Law
Expert:  Attorney2 replied 1 year ago.

Welcome to JA and thank you for you for your question. The Attorney is responsible for the actions of his employees. If you feel that she has a personal issue with you that could hurt your case it would be best to work with another firm unless he has other Paralegals he can assign to your case. The most important factor in working with an attorney is feeling that they are advocating for you and that they, and their staff, have your best interests at heart. There are also State Bar rules that prohibit individuals without a license from practicing law.

Are there other paralegals in this firm? The attorney would be entitled to the work that he has performed for you, however, if this office is acting in an unprofessional manner that is a problem for the attorney as well. You can file a complaint against the attorney based on the actions of the paralegal. It really depends on whether you have confidence in him and his office's ability to properly represent you. I am very disturbed that you feel that she is rude to you and she may be getting too friendly with the opposing counsel.

I can provide a link to file a complaint. What did he say about reimbursing you for fees paid?

Customer: replied 1 year ago.
My case after two years finitely moving forward. Having a forensic accountant. I really don't want to change, but she is working against me. My lawyer first understood my concerning, but now, he has to protect her in case of fees dispute that already he received.If my lawyer addmitt her working against me, and control her, I can still trust my attorney. Problem is my attorney changed position, deny her wrong behaybior, I don't know what to do.Since he already told me if I don't like her, seek another attorney, I am stacked. I can not prove her wrong behaybior. My attoney told me there is another assistant, but there is no other assistant. How can I contanio use this attorney, but my case will be protected from her?I also don't have extra money to hire another attorney.
Expert:  Attorney2 replied 1 year ago.
The only thing you can do is file a complaint. The state bar association has the ability to take action. Otherwise you will want to hire another attorney since the attorney has made it clear that he will stand behind her. The bar association could find that this is a violation and take action.
Expert:  Attorney2 replied 1 year ago.
This links sets out information on complaints against attorneys as well as those practicing law without a license http://www.nycbar.org/pdf/brochures/Complaints_Lawyers_Judges/complain_against_lawyers.pdf. Thank you for using JA. If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. The attorneys on the site do not receive credit unless you submit a positive rating. Thank you for your consideration.
Customer: replied 1 year ago.
Please let other expert answer.
Thank you
Expert:  LegalGems replied 1 year ago.

Hi; new professional here; did you have additional questions that I could assist you with?

Customer: replied 1 year ago.
I need to things moving. I don't have time make complained about paralegal to some association that only damage my reputation in this divorce court front of judge that my husband's lawyer want. My husband's lawyer repeatedly told judge that I change lawyer, I am waisting money. I don't want to falling in to their stodgy. My husband's lawyer is my ex- husband's lawyer. I changed lawyers many times in my ex-divorce case, but it was needed. Sometime, lawyer wanted leave because no money was awarded, but this lawyer makes " I changed "tried attack my character.
I am asking how can I stay with this lawyer and get done for getting good agreement. We are at forensic accountant to make report of what our marital assets are, living cost for maintenance.
At meeting with forensic, this paralegal tried to convince forensic that "parties had low maintenance" " short marriage 4 years" in fact, we were married 8 years, " husband's spending marital assets for ex-wife's alimony, his son's honeymoon and other his living expenses are nothing wrong", " parties only had trip was to Japan" - not true, we went to several overseas trips and domestic, "husband doesn't have money because spent all to renovation " but my husband makes 1.5M./y., at least, there are many more all her comments were trying to make my maintenance lower and shorter. Not only maintenance, she is saying "there is no money" we have at least xx millions as marital assets. Forensic is here to investigate, but she influence forensic that "my husband spent all to renovation"
I felt she is working for my husband. She hate me because I complained her job before. There are many more her rudeness toward me, but I can not change lawyer now. I don't have such money.
What is my right as my lawyer's client? How can I control her not getting involve my case?
Expert:  LegalGems replied 1 year ago.

If one is in a position where they feel it is best to remain with this attorney, then there are 2 options:

1. ask the attorney to go to mediation so the attorney and client can work out their differences in the hopes of improving their working relationship

2. ask that the attorney handle all aspects of the case personally, rather than assigning any of it to the paralegal.

Normally however, when there is a problem with the attorney or staff and the client no longer feels confident/comfortable working with that attorney, the client will retain a new attorney - that usually does not damage one's reputation with the court as switching attorneys in the middle of a case is not at all uncommon.

however again if one is adamant they must stay with the attorney due to money/time issues, then they can request that the attorney handle the case, and not delegate to the paralegal.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you.

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 1 year ago.
Thank you, ***** ***** asked my attorney that I don't want his paralegal to taking care of my case. My lawyer said, he doesn't want to loose her, she is the only assistant ( when I complained in person, he told me that he has another assistant, he'll take care of my case ", if I have problem, I should seek another attorney.
I wish I could change, but I have money issue and court awarded $50,000 and I paid another $7-8,000 that already spent according to my lawyer.
Is asking again, " not this paralegal involved my case make my lawyer to leave. As I said, my husband's lawyer accuse of me that I changed so many lawyer my previous divorce which is true, but I did not want to change. But judge and lawyers were totally courapted, I had no choice.
After changed lawyers, still no better resoult because judge were courapted ( it was on news paper ).
Again, is it law protect my right to ask this paralegal not to get involved my case even my lawyer said, she has only one assistant?
Is that good reason that court award my lawyer to leave my case?
Then he will ask another astronomical attoney's fees that will be my dept.
What is about mediation? How to find one? Cost? My lawyer charge that time?
Expert:  LegalGems replied 1 year ago.

So did the attorney agree to not have this particular individual work on the case? Also if there is still money left on account, if one hires a new attorney, the attorney would refund the balance on the account.

Customer: replied 1 year ago.
They used up all $58,000, they said, make another application asking more money. My lawyer has only one helper, this paralegal. I feel they just take money and I don't get fair trusting service.
Expert:  LegalGems replied 1 year ago.

If there is no confidence with the attorney or the paralegal, most clients will retain another attorney; if the court is awarding future legal fees, then that money can be used to retain a new attorney that one has confidence in. The current attorney should be providing a bill/invoice so the client is aware of where any fees are going.

Expert:  LegalGems replied 1 year ago.

Checking in on the above;

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