Legal Question in Family Law in Illinois
A divorce atty filed a petition for fees against me with the domestic relations Judge and the Judge order fees of $40k minus fees already paid. (This was my atty.) The Order was written up by this atty and I discovered later that it was improperly written, though the Judge signed it. (Order states in part: ��judgment for atty for $40k minus money paid for fee petition filed�.�) FYI (This same atty was thrown in prison a few months later by this very Judge for improperly writing up Orders. ALSO: This very Judge ruled a similar, if not, exact, same case {Start to Finish} for support just two (2) years earlier worth $12k�and he knew this atty did not work the entire case from start to finish and he knew under testimony that she stole $8k from my credit card co. and he knew under testimony that she also attempted to extort $25k the night before the trial by refusing to represent me if I didn�t pay and she always knew I did not have the money. She is a terrible atty and way over charged me! Double billing, etc. etc. etc.) She also did not inform me of money owed by holding back invoices for fees for two months and then giving them to me just two (2) days before trial. After reviewing the invoices, I sent her an e-mail informing her that I no longer wanted her to work on my case and she testified to the Judge that she didn�t see the e-mail and expected to get paid for her work b/c of her incompetence. I had already paid her $26.5K for nothing! Then�a few months later, this atty files a defective and improper LIEN on my property and it is considered to be a $40K lien and she calls my real estate broker and my real estate atty attempting to get $40K. (She always knew I would pay her when I sold my property; I have many correspondences informing her of such.) THE PROBLEM: I have been advised to go back to this same Judge and have him Order a specific amount owed so that the Title Co. can properly disburse the money that has been held in escrow for sometime. OTHER PROBLEM: I have incurred over $3K in fees from the real state atty for the time spent dealing with this atty who has refused to cooperate and continues to threaten and harass myself & the real estate atty (& the Title Co. She actually sent a Satisfaction of Judgment to the Title Co. expecting to get her $.) in regards to the exact amount owed due. LASTLY: this atty has threatened to file a lawsuit in the Chancery Division because she is afraid to go back before the Judge who put her in prison. I am waiting to receive the transcripts from the hearing in order to file my petition to determine EXACT fees owed. Is there a term to describe what I would like to ask the Judge regarding his exact determination of fees owed and the fact that this atty should NOT be the one who writes up the Order? Please HELP!
1 Answer from Attorneys
This attorney already, apparently, has a judgment against you which she is entitled to enforce. If you had problems with her fees, you should have raised them before. If you did not, then shame on you. If you did, then, obviously, this judge has ruled against you. The allegations you are making are defamatory and subject you to substantial damages should the attorney decide to sue you. Based on the statements you have made here, I believe the attorney is easily recognizable and so is the Judge and your advisors are correct, you need to go back in front of this Judge and ask him to modify or correct the Judgment if you think an error has been made. You should probably hire another attorney to to handle this.
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