Legal Question in Family Law in Maryland
I am going through a divorce, complete with over 2 yrs of hell and a high priced, highly respected attorney.
As the Pendente Lite hearing approached, my atty's associate was in a flurry of activity, gathering documents, emailing me, setting things up...... two weeks before the hearing, she mentioned in passing that, by the way, "you will not get a dime as long as you still share a home with your husband." WHAT? Isn't it a bit late in the game to tell me of this? Why not tell me when the hearing date was set, that unless I move out there is no chance for money, and that if I do not plan to move out, we should cancel this hearing a month or so before it is scheduled?? Hmmm.
So, my husband and I finally came to a preliminary agreement 7 weeks ago. He typed it up, we sent it to our atty's. I pinged and ponged emails w my atty's assoc, she insisting that we follow up on all my husbands financial accounting, me saying....leave it to me, I can better sort the documents, and I will report my findings to her, which I have done. I am satisfied and have been, for some time , I asked her numerous times not to spend any more time on this, but to proceed with the Settlement agreement. I emailed her again and again that I was satisfied with my husbands accounting. While I accept that it is in my best interests to pursue, examine and even dissect all of my husbands assets, I do wonder how I can be satisfied and my atty is not. Why subpoena his earnings statements from his employer, when we have all his paychecks and banking statements, and even his credit report, to boot?
And why chase documents when the Settlement Hearing approaches next month? I met w assoc 2 weeks ago, we ironed out every dollar amount and detail. She said she would begin working on the agreement "right away". I email today, and she says........"I am in receipt of your email of today. Please be assured that I am quite clear that you desire to settle and that you do not wish to pursue discovery any further. ( I had asked her when I sent her the final few missing bank statements, if this meant we had completed Discovery...I guess this was her way of answering me) I am also clear that you want this whole process over and done with and would like to get your divorce on July XX. I hope also to assure you that it is not that we are unwilling or unable to complete your separation agreement pursuant to what we had discussed. I may, however, have been mistaken in the belief that an agreement would not be drafted until some of the missing documents had been addressed to your satisfaction � something that has now taken place. I apologize for any misunderstanding on that score." Hmm.
Then she wrote............."I had spoken to XX (my atty) this morning and he asked that I ask you if you would like us to draft the agreement or refer the matter to Ms. X (husb atty) for her to draft. If we draft the agreement you shall be responsible for further legal fees incurred in drafting the agreement, however, you would have more control over the actual completion of it. If Ms. X is to draft the agreement it may not necessarily be completed in the time frame that you are directing but you would save on the legal expense side. Obviously this office would carefully review any separation agreement drafted by Ms. X and advise as to anything we think needs to be modified. Please advise as to whether you would like us to draft the agreement or request Ms. X to do so."
Hmmm. I get the feeling I will not have a signed agreement in time for the Settlement conference.
What do you think?
I have no money for a retainer for a new atty, I have very little time to make anything happen before my Settlement Conference. I am dejected and feel abandoned.
1 Answer from Attorneys
I think you need to consider hiring a more reasonably priced attorney who can provide quality service. I also think your case may involve matters that may not be properly addressed.
I draft all documents for my clients but insist that the client review. I'm having difficulty understanding many matters that occurred.