Outsidelookingin
recently joined
Reged: 10/22/08
Posts: 2
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Is this Lawyer corrupt or just incompitent?
10/22/08 08:36 PM
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I apologize in advance if this is too wordy. I'll try to keep it to the point.
My wife's parents recently divorced after 28 years of marriage. The divorce was finally settled just over a year ago. As it turns out he had a secret retirement account that he did not disclose during the divorce. He retired about four months ago and his Employer contacted her and told her that she was entitled to her share of the 401K (we assume that they were legally required to do so). Since then she has been to see her lawyer several times to discuss this matter and she still has no idea how much money is in this retirement account and what her entitlements are. She goes to appointments just to be told that they (the employer) haven't responded to his subpoenas and that he, the lawyer, was going to subpoena them again. My wife's dad worked for a major corporation. We cannot understand why a corporation would ignore subpoenas for an ex-employee over an issue that they initiated contact about. My wife's mom primarily speaks Spanish. She does speak English, but isn't comfortable with her English. Her lawyer speaks English to her in these meetings and most of the time she comes away confused, but trusts that her lawyer is working in her best interest. We, on the otherhand, think that her lawyer is taking advantage of her. We think she is intimidated by him and the process. He makes appointments with her to tell her there is no progress, no respnse from the other party, that he's working on it, and so on. Things that it seems his assistant could tell her over the phone for free. All the while she is getting bills from him for as much as $600! I am begging her to find a new lawyer that will at least speak Spanish to her so that she understands what is happening. Here are my questions:
1. Should my wife and I get involved and go to a meeting with her and her lawyer to help her understand?
2. Does this sound like misconduct? I can't believe that she is still in the dark about a retirement account that her lawyer has known about for over four months. Could he be withholding information in order to string this process along and collect fees? At the very least, her ex-husband should be in court explaining why this retirement account wasn't disclosed.
3. If she finds another lawyer that expedites this process, should she sue her current lawyer for the fees that she has incurred since the divorce was finalized?
She needs help, she is at the point that she wants to give up and lose her entitlements!
Edited by Outsidelookingin (10/22/08 11:45 PM)
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