Legal Question in Family Law in Nevada
I overpaid my divorce attorney y $1, 210.50, I told him he can "hold onto" it if I needed his help in the near future. Then after my divorce was complete on Dec 21, 2009, he filed for "withdrawal of counsel" on Dec. 28, 2009. I requested a copy of what was covered in my divorce as far as my alimony, etc. because I did not receive one? Also he was suppose to split our 401k accounts. Last week I went to his office but he was with a client, but I told his secretary that since he withdrew his services, I would like my refund, then he suddenly sends me a quickly drawn-up "draft" of my 401k split, which looks real cheap, and with a note on it saying I will get a refund of only $168.00? Is this legal?
1 Answer from Attorneys
Well . . . .
Once he withdrew, he was no longer counsel of record, and should not have performed any further services without an agreement to do so. On the other hand, per your recitation, you DID originally ask him to do so. And I don't know what he drafted, but if it was not a QDRO, it will not be effective to divide a 401(k). See http://www.willicklawgroup.com/qdro_retirement_orders. I can't tell what you mean regarding alimony.
At minimum, you should request an itemized statement of account. By the way, even folks who are very proficient at QDRO preparation (we've been teaching this for years) charge less than you were apparently charged -- as shown by the information linked above, our flat fee for QDRO preparation is $850.
If you cannot get satisfaction, contact the Nevada State bar Association, and initiate a fee dispute.
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