Legal Question in Family Law in New York

Re: Divorce lawyer charging a fortune and not doing anything!

One of the real problems for parties and lawyers alike in matrimonial practice is that the costs are not always within your control. The way to control costs is to negotiate a settlement reasonably quickly, and minimize litigation - which can be quite expensive.

If the other party has filed "a few petitions" and you have filed a few petitions and the cost has only been $7000, you're probably doing reasonably well.

That having been said, if you switch attorneys, your current attorney will quite likely hand over the full file without asking you do to anything other than sign an authorization granting permission to do so - and paying any costs of copying, as well as your outstanding bill, if any.

Re: Divorce lawyer charging a fortune and not doing anything!

Q. Do I have any recourse?

A. You are free to retain new counsel or to proceed pro se (on your own).

Q. Will she give my file to another attorney if I switch lawyers?

A. If you fully paid the attorney then there will be no lien on the file. If you failed to make full payment, the attorney may have a retaining lien on the file.

Q. Does she have to give me an accounting of what she has done to justify the $7000?

A. Yes. You are entitled to receive a written, itemized bill on a regular basis, at least every 60 days.

Mike.