Legal Question in Family Law in Illinois

I actually have a question about responsibilties I think my lawyer should have explained to me, I have recently been divorced and was awarded 50% of my ex-husbands pension, after some time I thought I should have heard something about this from his union so i called them, they informed they had not been contacted about this at all and needed a copy of my divorce papers which I was willing to send but they told me they usualluy recieve them from an attorney so I called him and requested that they needed to send these papers so they said I had to file a quaddro and subsequently have billed me and additional $1500.00 to do this am I wrong for feeling taken of advantage of? I would have thought being I have signed divorce papers that state that this is what I am entitled to that my attorney had handled what I was awarded if I had not called the union the day would have come for the pension to be disbursed I would not have recieved anything,also my papers stated that my ex would be responible for tha balance of what was owed on the divorce and he came after me for it and would not have the divorce finalized before it was paid in full.


Asked on 10/29/10, 7:11 am

1 Answer from Attorneys

Once the divorce decree is entered, your attorney's job is done, unless there is a written engagement that includes some kind of follow up to help implement the decree. Divorce attorneys make a nice chunk of change on post-decree matters like custody battles, exes failing to live up to their obligations, etc. You managed to give your attorney an administrative function. Then again your decree may have included the obligation of your ex to pay for implementation of your rights even if your attorney handled them..... So part of it is you need to look at the decree again. Back in the day an attorney like me would have helped notify credit card companies, etc. for changes, etc. as part of the arrangement, and fees were "rational". If that was not part of your arrangement, you re-hired the attorney. If it was part of your engagement, it should be part of the engagement letter including what the fees would be and if now the attorney should have given you a fee quote before starting the work. I really don't know what the hourly is for post-decree administrative matters, but I've heard that "simple" custody issues can be $15,000.00. Yet to simply get some records changed this does seem a bit high. Your best bet is to start with your own attorney, and ask if your ex is responsible for these kinds of fees too under the decree. If not you should certainly not hesitate asking for some discount or relief, and considering handling these things yourself, or find an attorney who can handle just post-decree for a better rate. If you get nowhere you might consider having another attorney review the decree and your fee billing to date. As a "last resort" you can consider filing a complaint with the Illinois Attorney Registration & Disciplinary Commission. Family Law attorneys are usually especially careful to let their clients know about the limits of their engagement because of situations like these and because their malpractice insurance premiums are usually also pretty steep. Good luck.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

Read more
Answered on 11/03/10, 8:29 am


Related Questions & Answers

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