Lawyer wants to subout, No $ left, except community that spouse has

[DrFootWoman]

After $15000.00 retainer, I told my Att. that I would not have more $ except what could be gotten from community. He did not pursue this, and wants to sub-out a year later. Can or Should I try to prevent this? I don't have any $ for a new retainer. What do I do? My ex to be is a shark. (no offense to real attorneys.) He has AA degree & made a big company that went under just as we got 'hitched'. I am a Dr. practicing 30 years, but ALL funds went to build-out of new office, that went bust. I am starting another new office but it wont be done for a while. We created a business together ($250,000/yr) he gives me zero. 17 y/o marriage, 2 children (11 & 17). All goodies in his name. Pre-nup not well executed may be part of it.

 

[army judge]

What do you mean by "sub out"?

What is your state of residence?

 

[DrFootWoman]

My attorney sign wants me get another attorney, no more $: in CA

The lawyer wants me to sign a substitution form to make me "pro per" (represent myself-I think). I once tried to do that in a "casual" arbitration in L.A. and because I didn't know legal speak, I couldn't even tell my side of the story. He was aware I was selling my personal items to pay him, everything I have is gone except was is "community" property--all in my husbands name. I don't know anyone that would take a case without a retainer. My husband is a difficult person with legal and business acumen even though he only has an AA degree.

 

[army judge]

I get it.
Let's hope this works.
Just tell him, you hired him to represent you.
You're not qualified to represent yourself.
Hopefully, he won't say no.
If he does, let me know and we will go to level two.

Did he provide you with a written contract or details of the retainer arrangement?

Please don't tell me you gave him $15,000 without a signed contract.

 

[DrFootWoman]

My Attorney wants to drop my case, I don't have money to retain a new one

Thank you for responding. I have written several letters. In them I try to get at what he was put off by (though I think it is his associate that is the problem). In my last note I make reference to that for the first time. I get no answer. I have assured him that I will not become litigious towards him, because he was an oasis in a desert at the time I engaged him. He has a good reputation according to other random attorneys that I have mentioned him to. I would not have ascribed this cold shoulder to him. This case is not typical, yet I do not believe it has to be that complicated. I don't expect the world.

I do believe I signed an agreement, but I have to look further for it. The hearing is Oct. 26th. What was plan B?

Thanks,

Diane

 

[army judge]

I mean no disrespect, but some may consider you to be too pushy. I don't care, as I said, if this doesn't work; I'd reveal plan B. Let's work the current task first. In the meantime, think about what I've said. Are you the problem?

 

[DrFootWoman]

How would I know if I was the problem if he doesn't tell me. I wanted to attached a couple of the letters I sent to see what you think? He told me I sent too much email, so I stopped. I am actually not used to email and I felt it was a required form of communication. I discovered that they were not being read which caused me to be repetitive, without knowing why. In addition, in email, because your tone is not heard, the meaning can be misinterpreted. This very distressing. For eg. I had a business real estate attorney that though I was accusing him of not representing me when I said that he should put on the hat of the tenant instead of the landlord to look at my claim. He happens to own a lot of property and would naturally look at my predicament with a landlord's eyes. After that I communicated on the phone. Do you know of a venue that I can get a family law attorney who will take the money from placing a receiver on our communal business?