Ex and I have joint custody of our little girl and have been practicing joint legal and physical custody for 3 years in Minnesota. Ex wants to move to a neighboring state to be with her new boyfriend. Ex submitted a petition to modify custody in a state that we don't live in and have not lived in since before the divorce was finalized 3 years ago. Our divorce decree is registered in MN where we all live now.
The UCCJEA clearly states that there is no jurisdiction in the state that she filed in , so we filed a motion to dismiss for lack of jurisdiction, then answered the petition (just to be safe), and also motioned for a transfer of venue for inconvenient forum.
A trial date was set regarding jurisdiction in the foreign state. The ex had no legal standing to win the battle of jurisdiction. We hired a lawyer to represent us in the hearing, and since we receive low income he agreed to $ 1200 to represent us. This was over the telephone. The agreement was $ 400 now, which my mom paid, $ 400 in a week's time, which i used my emergency credit card, and $ 400 before the trial date.
A few days before the trial the ex asked the court to dismiss the petition (there is no legal way that jurisdiction could be proved).
Immediately we asked our lawyer to submit a motion for attorney fees as discussed during our consultation.
No response from attorney until 4 days before the deadline to apply for attorney fees he emails a final statement to us. Its not $ 400 remaining as agreed, its $ 1,300!
The case did not prove to be more complicated than expected, in fact it proved more simple! they dismissed the case before our lawyer even submitted anything to the court!
I understand that he still needed to prepare, but he quoted us $ 1,200 in 3 payments.
He said if he doesn't receive the $ 1,300 by Friday, which is in one day, then he will not submit the paperwork for attorney fees. Also, we sent an email to him last week saying we haven't heard from him in a few weeks. Then a few days before our deadline he springs this weird invoice onto us.
We also have a copy of an email from the judge to the lawyer from yesterday that says even though the petitioner has asked to dismiss thier case, they can't legally do that unless the respondent (us) agrees, and they were wondering whats up, why we haven't responded.
This is all just a few days before the deadline. It feels like a bait and switch.... an easy win (the other party backed out before trial), then no communication despite emails asking, then a few days before a deadline springing a crazy invoice onto us.
Advice please!
Answer by betotron
fire the lawyer
mutually go see the judge for his decision
Answer by egypsies
Sorry you are having this trouble. It's very likely you can get another lawyer, one who won't mind waiting on some pay if it's like you describe...since you paid the first lawyer your new lawyer can get that jerk off your back and maybe recover the money, or some of it for you. Some lawyers are jerks some are not. You might also wish to look and see if there is a legal clinic for low income people in your area. Or, you local office of the Bar Association. Good Luck!
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Orignal From: Lawyer's got us by the balls - our lawyer.... any advice?
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