Legal Question in Family Law in California
Q1-I asked my attorney to complete the substitution of attorney form in order for me to represent myself as my own attorney. Can she charge me for preparing the form, send it to apposing counsel & the court? Q2-after 3 yrs,my divorce isn't finalized yet, my ex doesn't work, however he gets money from his dad from overseas wire-transferred to his accnt, is there anyway I can get spousal support if he says the money is considered as a gift which has been an ongoing thing thourghtout our 7 yrs of marriage & now that we're still separated? Q3-my attorney left everything to her paralegal yet I was charged w/associate attorney fee for paralegal's work, if I file a complaint, will it be helpful to also petition for fee arbitration? Thanks a lot
1 Answer from Attorneys
An attorney can charge for any work they do on your case since that is part of the retainer agreement, however the work to prepare a substitution of attorney form is minimal at best so I can't foresee a large charge at all. If you are looking for spousal support and the other side does not work, it may be difficult to get, you would need to argue to the court and convince the court that the money is not a gift but is actually income which he could use to pay you support. You should speak to the former attorney to see if you can work out your billing dispute, if it is patently unfair then you may speak to the state bar to see if they can help you with fee arbitration and try to work out the billing dispute. As long as the bill is reasonable for the work which was performed you may not be able to get much of your fees back.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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