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#9740 - 02/25/05 08:38 PM Question
fex80 Offline
newbie

Registered: 02/01/05
Posts: 31
My divorce is final. my lawywer was OK -- although we settled, and didn't have to go to mediation or court or anything. They offered joint legal custody -- with me having sole physical custody -- he gets them 2 days on the weekends and 1 night a week. He also has to pay a menial amount of child support.

My lawyer told me I should think long and hard about giving joint custody to a registered sex offender .. and told me she could get me a whopping $20 more per month. I told her i wanted joint custody, and that I wasn't worried about the extra $20 a month.

If (or probably when, since things are probably headed there at some point -- like when he tells me I have to move out of where I"m currently living) I need her again, she won't say "I told you so" will she? Can she? Can she refuse to help me because I went against her advice?

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#9741 - 02/25/05 09:02 PM Of course she can say I told you so [Re: fex80]
Melody Offline
Carpal \'Tunnel

Registered: 06/03/04
Posts: 10102
Loc: California
anyone can do that. But she'll probably represent you again, if you need it. But...I"m interested in what you said about having to move out of where you live? Why would you ex have anything to say about where you live? And why would you need an attorney about this?

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#9742 - 02/25/05 09:14 PM Re: Of course she can say I told you so [Re: Melody]
aussie928 Offline
old hand

Registered: 10/29/04
Posts: 969
Loc: Dallas
G'day Melody...dont mean to be rude to the poster...but we have..including you ..all told her HE CANT DO THIS ...having joint legal custody does not allow the one not having Physical custody to dictate where one lives (as long as it is not out of state..over x miles) He CANNOT force you to move out of your mothers house..PERIOD . My hell ...I dont know how to be any plainer then this. He is just trying to control you.. and you have been told this.

If he takes you back to court as he doesnt like where you are living.. I wouldnt even bother with an attorney.

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#9743 - 02/25/05 09:19 PM Re: Of course she can say I told you so [Re: aussie928]
fex80 Offline
newbie

Registered: 02/01/05
Posts: 31
I'm just thinking if I need her for ANYTHINg in the future if she's represent me. I already know that he can't force me to move -- although I know it's going to be a fight. And he will probably get courts/dfs involved claiming the environment is unfit. he just continues to be an ass

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#9744 - 02/28/05 05:17 AM Your attorney likely closed the file [Re: fex80]
Melody Offline
Carpal \'Tunnel

Registered: 06/03/04
Posts: 10102
Loc: California
if your case is concluded. If you need representation in the future, you may of course contact her again. She will either be interested in hearing what the latest problem is and will let you know at that time if she is interested in taking the new case and if she will be able to help you. Just because you didn't follow her advice doesn't necessarily mean she won't work with you in the future...it depends upon her workload at the time your nees arises and if she feels your case has merit.

In my situation, I received a document from the courts indicating that my ex's attorney had withdrawn from representing him. At the time, we had no pending litigation. It had been over a year since we last tangled. I was curious if this meant the ex had something up his sleeve and had decided to engage another new attorney, so I called my lawyer to discuss it with him. He felt that ex's attorney was merely tying up loose ends and closing her files. She probably does this formality for all closed cases. My attorney then asked if I wanted him to execute the same document for him since we were not currently involved in any litigation. My answer? HELL NO! I have a winner....been to court three times...won every time! If I ever have to go into court again...there's no way in heck I'm going in with anyone else but my guy!

So....it just depends.

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#9745 - 02/28/05 04:58 PM Re: Your attorney likely closed the file [Re: Melody]
fex80 Offline
newbie

Registered: 02/01/05
Posts: 31
OK. Well he says that he's still currently retaining his attorney. Says that the money he gave him for trial (we didn't go to trial) is carrying over as a retainer should he ever need him again in the future. Is this possible? Does this even make sense? Or is he just continuing trying to upset and scare me?

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#9746 - 03/01/05 08:31 AM He's probably just trying to intimidate you [Re: fex80]
Melody Offline
Carpal \'Tunnel

Registered: 06/03/04
Posts: 10102
Loc: California
by making sure you know he has his "hand on his sidearm", if ya know what I mean. I am not sure how it all works, because my attorney was always really cool with me. For all three of my actions with him, he only charged me a $500 retainer fee from which he began deducting his expenses and hourly charges. Then he would bill me monthly for whatever the exact charges were. I believe that most attorneys demand a larger retainer than mine did....because at $300 per hour, that $500 is gone before they can bat an eye. So...mine was really cool about the money. I never had an overpayment, so I imagine it could be handled either as a refund if the funds weren't used up...or held as retainer for the future as your ex said. In my last action, ex was ordered to pay $4000 of attorneys fees, $2000 immediately and the balance at $200 per month for 10 months. My attorney had it written that ex would pay HIM (the attorney) because he felt first that the ex wouldn't fart around with the payments like he might if he had to pay me, and second, my attorney got some perverse pleasure out of sending ex a collection statement each month and knowing how much my ex would have stewed over receiving it and sending it the check. I LOVE my attorney...he has the same sense of humor and quite vengefulness that I do. Anyway....whenever the payments accumulated for a few months, the attorney would cut me a check until the last installment was done. I could have had him hold it as future retainer also, but I just took the payments.

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