Legal Question in Family Law in Utah
I am going thru a divorce which just past the mediation point - with an agreement between my ex and i. I dont feel my lawyer is actually listening to me. I answer her questions only to be treated like an idiot later when she acts as if we never discussed it. She is very overbearing and is quick to make me feel small. In mediation she actually fell for my ex's routine lies that I talked with her about before hand.. I am frustrated! She keeps charging me above our agreed price's to each step stating that things ran over. ($700 over on her $1000 bid for mediation). Can i fire her and hire another lawyer? I really do not feel that she has earned anymore money either and would prefer not to pay her anymore. I have spent $3500 to date do not feel she deserves the latest $700 over her bid. My ex knows that i am frustrated with my current lawyer and has had his lawyer change some of the agreed mediation decisions knowing I am up against a wall. Can I fire my current lawyer and how would I do it. My funds are dwindling and would rather retain another lawyer than continue the constant belittlement and being over charged.
2 Answers from Attorneys
You may certainly retain counsel but if you've mediated your case and reached an agreement, there's probably little point in doing so at this stage. You will in all likelihood spend more on getting a new attorney up to speed on your case than spending the $700 on your current one. Without knowing more, it's difficult to judge what has gone on with your attorney. Most family law attorneys charge by the hour so unless your present attorney agreed to handle your matter on a flat fee basis, the extra $700 may be from extra time spent on your case. You are certainly entitled to ask your attorney to provide you with an itemized billing statement showing the work performed.
You can apply with the Utah State Bar for fee mediation, if you are upset about the fees.