Legal Question in Family Law in Connecticut

divorce fees from 3 years ago.

In my divorce decree,from 3 years ago, the judge states all my attorny fees are to be paid thrun proceeds of themarital home, my attorney, put over $100,ooo in escrow, which other bills were to be paid in fill, and even that wasn't done.

What is a huge concern now, is i just now have settled a pi case that the same firm handled which i had gone thru 4 attorneys without notification.

The divorce took place in connecticet, i live in ohio now. The divorce was taken to trial by my ex.

Question:

with the pi case now agreed upon, i have been told my attorney(head of the firm) from my divorce, feels he wasn't p[aid enough from my divorce, even though no bill has been sent to me, and i had no knowledge of dispursement, nor a list of any list where all monies went.....Now he wants to take what he feels is still owed from my pi settlement.

Can he do this???? I have not signed anything yet, including the release.

Thank you. I will await your answer asap.


Asked on 6/23/09, 10:42 pm

2 Answers from Attorneys

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: divorce fees from 3 years ago.

You should have contracted for any legal services you received, your divorce and your PI case. Go back to the contract to see what you agreed to. Divorces are usually billed by time and PI by percentage plus incidental costs. Ask for detailed accounting on both matters. This is where you should start.

Read more
Answered on 6/24/09, 10:08 am
Linda Subbloie Linda A. Subbloie, Esq.

Re: divorce fees from 3 years ago.

First of all, you are entitled to see all of the billing invoices for the divorce case. It should be itemized. The hourly rate you were charged should match up with the retainer agreement you signed for the divorce. Divorces are usually billed hourly or at a flat fee. I suspect that this particular divorce was billed with a retainer up front at an hourly rate. After the retainer was depleted you were most likely charged for those hours over and above the retainer. You may also have been charged for costs.

As far as the personal injury case, these are usually billed as a percentage of the total recovery. You should have signed a separate retainer agreement for this case. The attorney is entitled to be paid separately for the work he did on this case. You need to look at this retainer agreement as well, to see what his fee is.

You need to ask for an explanation of the fees if you don't understand what you are being told. You also are entitled to see what work was actually performed.

If you still disagree, then I suggest you propose a mediation or arbitration to resolve it. This can be done by phone or video conference so you need not return to CT.

Read more
Answered on 6/24/09, 12:05 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Connecticut