Quick lawyer question

[bananabee]

The lawyer I have I am mostly happy with, though she sometimes seems more worried about STBX than me...part of me feeling that way about her has to do with my lack of experience in this situation and my sleep-deprivation from the narcolepsy that leave me feeling like I may not be seeing all my options or the consequences of choices I have to make...

So...

Anyway, she is leaving one practice to move to another, and in order for me to retain her, she says I'll have to negotiate another retainer fee. Either that, or I can ask her to refer me to someone else at her previous firm.

I have no idea why she's moving. She charges $190/hr. I like her for the most part, but sense that she doesn't completely respect me or see where I'm coming from. But she does explain things well when I remind her that I'm thinking with half a brain here and a lot of physical limitations.

What would you do? Any advice?

[Halfasianmomma]

I would poke around for another lawyer. If you are an existing client and that you've already paid a retainer fee, you shouldn't have to renegotiate the rate. If however you haven't yet retained her services, then it is reasonable to ask what she is asking. Her rate seems fair BUT if your gut is saying something, I'd say listen. Your lawyers is paid to be solely concerned with YOUR interests. If you feel that she isn't then it's time to look elsewhere.

My first lawyer was "mostly ok", and I let things slide until it was no longer a workable relationship. I should have trusted my instinct right off the bat. That lawyer was used to working with "real" abuse cases from the DV shelter, and the fact that my XH hadn't beaten or raped me made it so my case didn't seem urgent enough for her. I dropped her and found myself someone who thought I had a good case, but didn't sugar coat things for me.

[Ione]

Ditto most of what Halfasianmomma said, except on the retainer fee.

If you have already used up all of your initial retainer, then it seems perfectly normal for the new firm to require a new retainer.

If you haven't used up all of the retainer you've already paid, and you decide to follow her to the new firm, you should either get a refund of the balance of your retainer from her old firm or have that balance follow her.

Regardless, you could indeed need to negotiate a new retainer agreement based on the policies in place at her new firm. (Also, if you don't already know, you might want to ask what her new hourly rate will be at the new firm. It could be changing.)

If you stay with the old firm (and change lawyers), any unused balance from your initial retainer should stay with your account with that firm and transfer to the new lawyer. You shouldn't need to negotiate a new retainer in this case.

You might want to call the accounts payable department at her old firm directly to ask about your account balance, possibly ask for a statement of account for all work she's done so far, etc. And ask about their policy regarding any balance on the initial retainer depending on which option you chose.

Also, you are not required to stay with her (changing firms) or stay with the firm and switch lawyers. You can also contact *other* firms/lawyers to find a lawyer that might be a better fit for you.

[bananabee]

Okay. I am having a hard time deciding what to do, but your input helps. There shouldn't be much more that I'll need a lawyer for...or so I'd like to think. STBX is representing himself.

If I poke around for a new lawyer, each one will charge me by the hour for any kind of meet & greet, won't they? One gal I know said she saw someone who gave her the first 30 mins free, but was kind of a jerk, looking at his watch the whole time. I'm thinking maybe if I stay with the same firm, they'll be happier about accommodating me with someone there because they know I've made sure they got paid in the last year. As for my balance right now, I am sure I owe about $500, if not more. I had just paid off the first sum of legal fees from when my STBX had filed and left me when STBX took away my monthly allowance and I filed this time.

I do like my current lawyer because she has a lot of class, which, compared to the stories I hear and the unkempt lawyers I've seen walk into the courtroom here in Indiana (if one walked in w/hay in their hair, I wouldn't be surprised), looks really good to the judge. I dunno what I'll do. I have a friend I can call in CA who used to practice law here, so I guess I'll run it by him. Baby just spit up down my shirt. Hah.

Thanks again.