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Ask Olivia Kent Your Own Question
Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 871
Experience:  Partner at Kent Law Group, LLC
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How can I understand retainer agreement? My lawyer getting

Customer Question

How can I understand retainer agreement? My lawyer getting off my case if he wants to?
Submitted: 1 year ago.
Category: Family Law
Expert:  Olivia Kent replied 1 year ago.

Hello. My name is ***** ***** I'm an attorney. I'll be happy to help you in any way I can. My goal is to make sure you are completely satisfied before you submit your rating so please let me know if you have additional questions or you need me to clarify anything. If there is a delay in the time it takes me to respond it is because I am working with a customer or I am not online - but rest assured I will respond to your follow up question, if you have one. Also, I am on a mobile unit, which automatically asks you to submit a rating once I submit a response – but please don't feel like you need to do so until we are done speaking.

Expert:  Olivia Kent replied 1 year ago.

Generally attorneys *cannot* just leave a case, especially if the case is actively in court; they'll usually have to petition the court for permission to be discharged of their obligations to you. Often there is a clause that states nonpayment of legal fees is grounds for an attorney to leave your case but, again, it depends on what type of case it is and where in the process of litigation it is. I hope that helps. Please let me know if you have any questions or you need me to clarify anything. I would be happy to do so. If there is a delay in responding it's because I'm working with another customer or simply not at my computer - but I assure you I will respond as soon as I can.

Customer: replied 1 year ago.
I am with this lawyer about one year. This is second one because my case was not moving forward. Finitely, I was awarded attorney's fees,and forensic fees. Things are moving, but my lawyer's paralegals getting rude and influencing my lawyer and forensic accountant getting a bad deal. All started after I complained her work.
When I expressed problems to my lawyer, he said that he also had problems with her, and she is bad mood because she just found out she had tumors, his wife also complained about her getting involved too much in their life. He does not like her getting cross to my husband's attorney. He told me to take care of her and I don't have to deal with her, he has an another assistant, but he has no other assistant.
But now, after few weeks, my lawyer protect her that she's doing a great job, if I don't like her, go seek another lawyer, but I even can not pay last years tax. Changing another attorney is my last interest, getting bad reputation. My lawyer already awarded $50,000 fees and I paid $8,000.
I asked his paralegal not getting involved my case, but his office seems can not operate without her. I am very afraid of she is giving important information to other side. We are dealing with postnuptial agreement.
Expert:  Olivia Kent replied 1 year ago.

Ok, I see. You do not have to switch lawyers if you don't want to - but probably grinning and bearing it until you have a postnuptial agreement might be a good thing to do if you don't want to hire a new attorney.

Customer: replied 1 year ago.
I think you misunderstood. I am middle of divorce. We have already postnuptial agreement that we have to get financial report. That is why we are awarded a forensic accountant.
During this proses, I don't want paralegal to get involved.
Do I have right to ask my lawyer?
If he doesn't want my asking, can he leave my case by asking court?
Can I get attorney's fees back?
Expert:  Olivia Kent replied 1 year ago.

You could get attorneys fees back for any amount that hasn't been already spent by your attorney, not for funds that have already been spent on work he has done. If you don't want his paralegal involved you're certainly allowed to ask - but if that's his only paralegal then he generally would be free to say no to you. If he wants to be dismissed from the case he would have to ask the court and get the court's permission before he can leave the case. I hope that helps.

Customer: replied 1 year ago.
Is that means this paralegal is working on getting bad agreement , I can not do anything about it ? Just sit and wait?
Expert:  Olivia Kent replied 1 year ago.

The lawyer will generally not allow a bad agreement to leave his office because that would ultimately come back to hurt him.

Expert:  Olivia Kent replied 1 year ago.

But you certainly don't just have to sit and wait if you want to leave this attorney yourself.

Customer: replied 1 year ago.
I am sorry I am english as second language, what you said, " lawyer will not allow to get bad agreement and leave his office " means?
Expert:  Olivia Kent replied 1 year ago.
What I mean is that no sane individual would allow work product to leave his office without it being as good as it can be because they will be concerned about being sued for malpractice or sanctions or things like that. So he is not going to do bad work for you just because you disagree with his paralegal. At least he won't if he's a rational human being. I hope that helps. If you have any additional questions please let me know. Please also take a moment to leave positive feedback so that I receive credit for working with you.

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