Legal Question in Family Law in Texas
Motion for Retrial - Unbundled Services
Hearing was held 2-20-06. Family Court 254: I had a young inexperienced atty. The ex had the extreme exact opposite. Bottomline, I feel like I was doubleteamed behind closed doors by both atty's. Ex definitely has more money than I have.
I ended up swearing before a judge in agreement to a settlement that did not include half of my case's expenses. Out of Pocket Medical and insurance costs that are specifically defined in the decree. I have all receipts.
I am desparate for a retrial - want my case to be heard by the judge. Money is a huge obstacle but my decress says ex must pay my atty fees. I have step by step detail of what happened and what was said. Sincerely believe my complaint is legitimate.
I would like step by step advice,and guidance to file motion myself - tell me what to do and what to say. What not to do - what not to say.
I have written a complaint to give the Firm's owner but I am afraid the info may be used to discredit me. I don't know who to trust.
I have not deposited the check I received.
1 Answer from Attorneys
Re: Motion for Retrial - Unbundled Services
Do not intend to be sarcastic, but you are in a world of hurt.
If your hearing was before an associate judge in Dallas County, you only had 3 days to appeal that order, and the 3 days have passed.
You were represented by the attorney of your choosing, and you agreed to settlement. Absent fraud, a new trial is a losing proposition.
Although you have every right to represent yourself, you are walking into a landmine if you try to do so. Even the young, inexperienced attorney has more knowledge of the law and procedure than you have.
I do not know of an attorney who is willing to engage in this type of unbundling service. Unbundling generally refers to paying a flat fee for a specific service. Am not aware of an attorney willing to 'ghost' a trial. Additionally, I cannot envision how that type of arrangement would save you money, inasmuch as the attorney is still doing all the work.
I strongly recommend that you reconsider your situation, and pay an attorney to review your case immediately, and retain an attorney to pursue your remedies, if in fact you have any. TCL