Senin, 16 Juni 2008


I Need To Be Relieved

Occasionally, some of my clients feel they no longer need to live up to the terms of the engagement agreement they sign with me which says, as long as I do work on the file, they have to pay me. While in the thick of the divorce, often times money gets tight and people get angry and lawyers get.....shafted. Our clients tell us we need to wait to get paid and that we should know all about why they can't pay us and ask that we understand their financial predicament. That of course is all very true, however, what most clients fail to consider is that my bills also need to get paid. Lipa and the telephone company are not at all interested in the fact that my clients are not paying their bills and therefore I cannot pay them. My employees are not very understanding when I ask them to skip a paycheck because after all we are here to help people first, and make money second. Usually I offer many different payment plans and will help any client who shows me a good faith effort. Going hand in hand with the "I can't pay you" attitude is the "I am not happy with your representation of me.." Most recently I was told "You really aren't a shark, and my case is cut and dry; You should have done more with it." Now couple those two things together with the ever present, "why do I have to bring you all these documents? For what I pay you can't you just subpoena what you need?"

For anyone who has ever been involved in any kind of litigation, you know the more information you as the client can produce the less the lawyer will charge in hourly fees to obtain them. Subpoenas are not free, they cost money to draft and to serve. I am an attorney, not a gofer..or secretary..or your employee....I am a professional hired to handle your divorce case and get you the best deal I can. I am not in a personality contest, or popularity contest and I really don't care if you think I am not bitchy enough, or too bitchy. I am doing my job the best way that I know how. If you do not like the way I am handling your case, fire me. Retain new counsel and we shall part ways.....oh but why should they fire me when they aren't paying me you ask? That is the essence of this article. Now I need to apply to the court and ask that the judge relieve me as counsel. Most times the judge will ask why and most times they are not sympathetic to the fact that we as attorneys aren't getting paid. Therefore, this can only be one factor in the decision to be relieved. Once communication with the client is broken and we can no longer work together, combined with the fact that I AM NOT GETTING PAID, will often lead me to ask for relief..... this is what I needed to do this week. And you know what...it was a tremendous help in reducing my stress level....Now I am free to concentrate on clients who appreciate me, and pay me.

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