Legal Question in Family Law in California

If I were to sign money orders payable to me for an "attorney fee" settlement (but sent to my attorney) in a divorce case...would this constitute an absolute approval of same? The reason I ask...is because at this junction in the case, we are awaiting answers to a specific subpoena that may divulge that my husband has more to negotiate with than shown or had been stated by him before.

I need to leave the "door open" to further negotiations if necessary.

I am feeling a little uncomfortable about my present attorney's unbiaseness, or acting in my best interest. She has not been assertive or aggressive enough in my case, and have already paid her

bundles.

Thank you for whatever help you can be, without telling me something I already know...Go to my attorney with the matter.

I also have two other questions re my case. Can I put that to you together in the same fashion as this one, or separately?


Asked on 7/27/11, 2:03 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

If it is a "settlement" then that means a permanent agreement as to total payments for a certain damage. You can not reopen settlements merely because you later discover additional evidence. What is binding is the agreement, not the cashing of the money orders.

Ask your attorney why she has acted as she has. In many divorce cases the parties want their attorneys to destroy their ex, but is it not more important to get the most money possible? Just as with military campaigns, it is the wise attorney who uses what they have to gain the maximum fruits of victory with the minimum loss and not aim for glory

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Answered on 7/27/11, 5:31 pm


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