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The attorney for my fiance in Illinois just served her with…

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The attorney for my...

The attorney for my fiance in Illinois just served her with a notice to withdrawal from her custody/relocation case. She/we have already payed her over 30K with little to no results and she claims she is owed another 30 and needs 15 more to go to trial. She initially said the entire process including trial could cost up to 40K. We both have good jobs but we don't have the kind of money to endure a 100K fee and now don't have the attorney who took $30,000 from us. Is there anything she can do? Seems awful that an attorney can represent you until you are broke from paying her and then withdraw.

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Submitted: 8 months ago.Category: Family Law
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11/14/2017
Family Lawyer: LegalGems, Lawyer replied 8 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,618
Experience: Experienced Family Law Attorney
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I am sorry to hear this
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Family Lawyer: LegalGems, Lawyer replied 8 months ago
Was a fee agreement signed and we're monthly itemized statements provided?
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Customer reply replied 8 months ago
She is a legitimate attorney. I just have great issue with the fact that she knew my fiance's finances wouldn't take her out past 30-40K in legal fees as a single mother. The case will be at least double that. My fiance isn't trying to bail on her obligation but she has no money left to fight and then the attorney gets to bail. I understand that attorneys need paid for services but it just seems so wrong that the kids will be effected negatively both financially and personally because we can't spend $100,000.
Family Lawyer: LegalGems, Lawyer replied 8 months ago

Yes, that is steep unless it is a highly contentious divorce where every issue is being litigated.

If you can tell me the state I can get you some more information as each state has different guidelines.

Did the attorney give a "ball park" figure at the beginning of the representation?

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Customer reply replied 8 months ago
She ball parked about 40K if it went to trial. It hasn't gone to trial yet and is over 60K. Illinois. Thanks.
Family Lawyer: LegalGems, Lawyer replied 8 months ago

An attorney must charge a reasonable (not excessive) fee and must advise the client of the fees in advance (not the total price, but the hourly rate, for example).
Please see:

http://www.illinoiscourts.gov/SupremeCourt/Rules/Art_VIII/ArtVIII_NEW.htm#1.5

If an attorney misrepresents the cost of the representation and there is no change in circumstance (ie the case does not become more contested than expected, for example) then the client may sue the attorney for misrepresentation. The problem is that the fee statement would need to be proven, which is hard to do if it was made verbally.

Also if regular invoices were provided and the client continued to allow the representation it makes it more difficult to challenge because it would appear to be consensual.

Many people go into debt for divorce cases (you would be surprised how many divorces cause bankruptcy) so the fact of the debt alone is not unusual. But again all fees need to be reasonable so the invoices can be reviewed to see if they are. If excessive, a complaint can be filed with the bar and then reimbursement can be requested as well. Most retainer agreements require arbitration to resolve fee disputes.

For example please see:

https://www.chicagobar.org/AM/Template.cfm?Section=Attorney_Fee_Dispute_Assistance&Template=/CM/ContentDisplay.cfm&ContentID=2424

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Family Lawyer: LegalGems, Lawyer replied 8 months ago

I hope after discussing the fee agreement concerns a resolution was reached.

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
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Family Lawyer: LegalGems, Lawyer replied 7 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
Terms of service can be viewed here:
http://ww2.justanswer.com/terms-service-0#information

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