PDA

View Full Version : Removal of attorney charging lien


couturecleaning
May 11, 2009, 03:30 PM
I was divorced in march 2008.I had one attorney but they released themselves as my attorney. While the firm represented me I was going to dismiss the one I hired because he was to huggy kissy and I felt uncomfortable around him they asked to stay on and another attorney would represent me. They were horrible didn't listen to any of the issues they were short with me would make appointments and leave me waiting for 1 1/2 hours would apologize. I couldn't retain another one because I gave them 5000 down as a retainer and they were racking up a 34.000 bill and I was no where near divorced.they released themselves and upon my divorce which I made a settle meant (stupid) they came in 1 week later and stopped me from getting my alimony and equitable distribution with warnings to my ex's attorney and then put a charging lien on both alimony and eq distribution. I was to receive 25000 in eq distribution and 20000 in alimony. They have now made it where I don't get a dime. Any and all payments are to go to them.to which not one payemtn has been made and they have it where they are entitled to interest and finance charges but haven't done anything to get payments and I don't know what is owned and how much the finance charges and interest are they will not return calls and I have his lack of payments in court for contempt of court so not to be responsible for those fees due to his non [payment. I have learned how to research and found a Florida supreme court ruling but am not sure if this applies to mefaro v romani 641 so 2d 69,71 (fla 1994)
I wanted to addd I also ended up filing a complaint with the bar about his behasvior once I realized they were dismissing themselves because I planned on doing it once my divorce was over. I didn't want to have to hire another firm and couldn't afford to but they blame removing themselves due to no mayment and differences I was there but when the judge asked if I objected I didn't even know that they were dismissing themselves. We were there to hold my soon to b ex for contempt and instead they pulled that. So my answer was I didn't have any problems with the new guy it was the other attorney and the judge said then you don't have an objection. {e-mail request removed-<>} .I havew several issues I have filed in court.for contempt on my x and won the case a few weeks ago. We have a continuance comng up and I am sure another one will be given due to the fact there are three pending motions. This charging lien is something different. I know I need to file a motion for an ammedment to a charging lien and or release of a charging lien but could really use some help

JudyKayTee
May 11, 2009, 03:51 PM
Could you just cut through this and post your question or questions?

It's confusing and I'm not certain exactly what relief you are seeking.

Once you report an Attorney to the Bar, expect backlash - not fair, but that's how it works.

couturecleaning
May 11, 2009, 04:05 PM
That's funny you sound just like an attorney. Either way I would imagine someone would need to know all the aspects of the case in order to give a good clear and educated answer that would be helpful. I have done tons of research throughout floridas cupreme court case history and all that information would be needed because in Florida a charging lien by an attorney is only supposed to be granted under certain conditions and according to the supreme court they had to be released from representing me by me not the other way around. With the exceptions of ethical reason that they could not or legal reason why they could not. They also had to participate in my getting any of the awarded money. So you see if I cut through all the crap I cannot get an answer that would help me. I guess it must be different in ny

couturecleaning
May 11, 2009, 04:14 PM
The complaint to the bar was after the backlash. After they filed for a charging lien and after the released themselves as my attorneys. Then I filed the complaint. I was waiting until after my divorce was over to tell the bar but once they released me I did. Iyou don't expect backlash because he knew what he was doing and the firm knew about it which is why they released me.

JudyKayTee
May 11, 2009, 05:07 PM
Here is the format - you (obviously) change the names and circumstances.

I did not intend to offend you but the important issues are why you discharged the attorney and why the firm took this action. In this type of action, when there is sexual harassment implied, another Attorney "should" be willing to handle this - on contingency.

https://www.askmehelpdesk.com/family-law/removal-attorney-charging-lien-352540.html

Fr_Chuck
May 11, 2009, 06:45 PM
The issues of the case are of course, do you owe your attorney the fees, Have you asked for and received an itemized bill of the attorneys services.

What was the hard parts that required thousands and thousands of dollars in legal bills.

*** also if there is only a small amount to be gotten, spending more than you can get is often unwise even to teach them a lesson.

But in the end if you owe your attorneys they have a legal right to try and be paid. I will assume you did not intend to pay them any additional money.

And in the end, if you are going to do legal work against an attorney, you will have to have an attorney.

couturecleaning
May 11, 2009, 07:09 PM
I didn't discharge the attorney about half way through they wanted me to sign over my home where my children and I live and I said no. they then dropped me as a client. Waited till the divorce was final and put a charging lien on my alimony. The fact is I got nowhere with them. Interrogatories, mandatory disclosure and a few letters and motions. A year later I was divorced and I ended up settling out of court.couldnt afford another attorney.they got a charging lien but as I said.in the Florida supreme court according to prior court case they are not entitled to it under several reason.one they discharged themselves. Afraid they weren't going to get paid I guess or whatever they come up with. That's it.. if you know anything about the case I quoted in floridas supreme court or if anyone can read in detail what I typewd earlier without getting frustrated and give me an honest knowledgeable opinion I would be forever grateful.I have accomplished a lot without an attorney so far just doing research online.but I guess what I am looking for is someone who understands my story as confusing or unimportant as it may appear to some.if you understood what I am talking about you would see the importance of all the information I have provided. Thanks

JudyKayTee
May 11, 2009, 07:11 PM
I posted the format of the document that you need to file - why don't I understand and why wasn't it helpful?

If you want someone to lead you by the hand, hire someone.

Otherwise - that's the format.

couturecleaning
May 11, 2009, 07:15 PM
Thank you I am trying to find what you posted. I was not really looking for someone to guide me by the hand.. just hoping for advice or for someone to tell me I was going down the right road that they knew what I was trying to say and to go for it file it and good luck.
Thank you again

couturecleaning
May 11, 2009, 07:18 PM
Hi thank you again.by the way I had stated I did not discharge the attorney.they removed themselves from my case about half way through cause there was nomore money to get and I wouldn't sign the lien on my home.I have two small kids and one is learning disabled. They then after it was final put a charging lien on my alomny which was to be used to purchase a car and schooling as I have been nothing more than a stay at home mom for 19 yrs. I'm sure you have heard it all before but there are laws and I didn't know how to use them to my advantage until I did some research. No I have to go back and fix mistakes. That's what I was looking for guidance in doing

Fr_Chuck
May 11, 2009, 07:23 PM
That is the real issue, to guide you by the hand is an attorney, even our bar attorneys on here can't lead you by the hand in states they are not licensed to practice in. General advice is all you can legally get here.

couturecleaning
May 11, 2009, 07:23 PM
Hi judy kay.. I appreciate your help. I tried to findthe form you put up but the link brings me only back to this website. Perhaps its me. But thanks anyway.

couturecleaning
May 11, 2009, 07:25 PM
Thank you chick. I didn't think I would find what I was looking for. But I have to try everything I can. I know I am going to have to hire someone. We are talking about 38 thousand dollars for a divorce they barely made to the halfway mark and I finished myself the last year

couturecleaning
May 11, 2009, 07:26 PM
Thank you chuck... im sorry its getting late and my typing is becoming ever so sloppy

JudyKayTee
May 11, 2009, 07:28 PM
You are absolutely right and I am absolutely wrong - I DID post this site as a reference.

Duhh.

How about this? http://www.4dca.org/July%202007/07-18-2007/4D06-102.op.pdf

Thanks for the good spirits about it - I deserve to be skewered.

couturecleaning
May 11, 2009, 07:33 PM
Thank you. I really find it amazing that you and other very nice people donate their time and expertise to help other just for the sake of helping. So thank you

JudyKayTee
May 11, 2009, 07:38 PM
Thank you. I really find it amazing that you and other very nice poeple donate their time and expertise to help other just for the sake of helping. So thank you


Some questions and problems are easier than others - if "we" had been on board when your problems started... hindsight and all of that.

Keep us posted and let us know if there is anything else we can help with.

I'd run the sexual harassment past an Attorney; I really would.

couturecleaning
May 11, 2009, 07:43 PM
I wish you were local because I would bring you on board now.I will keep you up to date with how this goes. Its hard to give up when you know something is wrong.I feel it was incorrect and as naïve as it may seem I just think with enough knowledge and patience I can make this right

JudyKayTee
May 11, 2009, 07:58 PM
And if you don't believe, who will? Yes - I believe you fight injustice as long as you can with all the ammo that you have.

I've had legal battles that the World wouldn't believe - and won.

Some day I'll post about MY divorce.