# My lawyer died



## BeachGuy (Jul 6, 2011)

WTF?!!!? I give up.


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## Sandfly (Dec 8, 2013)

That's a new one. There's no shortage of lawyers though. 

Always look on the bright side. Maybe they'll forget to collect?


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## 06Daddio08 (Jul 26, 2012)

You should tell him you're not okay with that ...


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## Conrad (Aug 6, 2010)

Today, 08:07 PM
Remove user from ignore listSandfly
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View PostOld Today, 08:12 PM
Remove user from ignore list06Daddio08
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Look at it this way BeachGuy..

He must have been one of the better ones. At least we now know he was human.

Are you an Angie's List member?


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## BeachGuy (Jul 6, 2011)

No I'm not a member of Angie's list. Never could justify paying for it.

The bad news is when I paid the retainer he said that should cover everything since it's a simple divorce. I filed last February and thought we were getting close to the end. The girl at his office said they're trying to find another lawyer to finish up the cases that were close to an end. I'm guessing whatever lawyer takes it over is going to want more money. I'm supposed to hear back from them today or tomorrow.

Wonder if my stbx's lawyer would finish it up since we paid her too?


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## Conrad (Aug 6, 2010)

BeachGuy said:


> No I'm not a member of Angie's list. Never could justify paying for it.
> 
> The bad news is when I paid the retainer he said that should cover everything since it's a simple divorce. I filed last February and thought we were getting close to the end. The girl at his office said they're trying to find another lawyer to finish up the cases that were close to an end. I'm guessing whatever lawyer takes it over is going to want more money. I'm supposed to hear back from them today or tomorrow.
> 
> Wonder if my stbx's lawyer would finish it up since we paid her too?


Any idea what your balance was/is?


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## arbitrator (Feb 13, 2012)

*Two remedies. One is that if he was a solo practitioner, one could file a writ with the presiding judge in your county or the county that he practices in, and that judge(usually a county judge) will assign an overseer who will insure that the clients of this lawyer, more especially if they have paid retainers, will receive appropriate representation through the county, with the county making a claim on the deceased lawyers business/personal estate. Or you can procure another counsel, who can represent you, and then make that same claim on the business/personal estate of this deceased barrister.

Personally, I'd look at procuring other competent counsel. In any event, it could well hold your divorce proceedings up for some time, unless you and your STBX can reach an agreement on your own, or choose to go the mediation route. Just saying!

And you could use STBX's attorney if you are basically in agreement with them, but please keep in mind that their attorney is still going to primarily work in their contracted clients best interest, and certainly not in yours!*


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## Conrad (Aug 6, 2010)

arbitrator said:


> *
> unless you and your STBX can reach an agreement on your own, or choose to go the mediation route. Just saying!
> *


Arb,

You aren't familiar with his wife, are you?

She makes D2H's ex look positively proactive.


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## BeachGuy (Jul 6, 2011)

Conrad said:


> Arb,
> 
> You aren't familiar with his wife, are you?
> 
> She makes D2H's ex look positively proactive.


Ain't that the truth Conrad.

He was a sole practicioner. I don't know what my balance was since he never billed me anything more in the past 11 months.

We had submitted a counter offer to their petition for settlement over 2 months ago and were still waiting to hear back from her lawyer. If her lawyer accepts it (doubtful) than I'd let her just finish the case out. But my guy said a couple months ago we would end up in mediation most likey. Over the alimony and length of time.


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## arbitrator (Feb 13, 2012)

BeachGuy said:


> Ain't that the truth Conrad.
> 
> He was a sole practicioner. I don't know what my balance was since he never billed me anything more in the past 11 months.
> 
> We had submitted a counter offer to their petition for settlement over 2 months ago and were still waiting to hear back from her lawyer. If her lawyer accepts it (doubtful) than I'd let her just finish the case out. But my guy said a couple months ago we would end up in mediation most likey. Over the alimony and length of time.


*Any kids involved, Beach? 

Although I'm in Texas, I somehow thought that Florida was a lot like us ~ a no alimony state ~ but community property, in the absence of a prenup!*


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## BeachGuy (Jul 6, 2011)

arbitrator said:


> *Any kids involved, Beach?
> 
> Although I'm in Texas, I somehow thought that Florida was a lot like us ~ a no alimony state ~ but community property, in the absence of a prenup!*


Yes 2 kids still at home. I wish Florida was like Texas. We're an alimony for life state. Anything over 17 years is considered a long-term marriage and you're pretty much screwed past that.


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## Conrad (Aug 6, 2010)

BeachGuy said:


> Yes 2 kids still at home. I wish Florida was like Texas. We're an alimony for life state. Anything over 17 years is considered a long-term marriage and you're pretty much screwed past that.


You're past 17 years, aren't you?


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## BeachGuy (Jul 6, 2011)

22


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## Conrad (Aug 6, 2010)

BeachGuy said:


> 22


I was 21 in with my ex.

I did a leveraged buy-out.

I could not see monthly payments of that size.


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## BeachGuy (Jul 6, 2011)

Conrad said:


> I was 21 in with my ex.
> 
> I did a leveraged buy-out.
> 
> I could not see monthly payments of that size.


Her lawyer wants a leveraged buyout (my house, 401k, etc.) AND monthly payments for 15 years.


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## Conrad (Aug 6, 2010)

BeachGuy said:


> Her lawyer wants a leveraged buyout (my house, 401k, etc.) AND monthly payments for 15 years.


I'd push back with a pie chart.

Say, "How much of this is enough? - without payments of any sort"


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## BeachGuy (Jul 6, 2011)

Conrad said:


> I'd push back with a pie chart.
> 
> Say, "How much of this is enough? - without payments of any sort"


I'm not in a financial position to offer any lump sum. I'm sure it would be way in to six figures.


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## Jellybeans (Mar 8, 2011)

Sorry to hear about this, BeachGuy. Call his office and find out what options you have.

Stay strong.



Conrad said:


> Today, 08:07 PM
> Remove user from ignore listSandfly
> This message is hidden because Sandfly is on your ignore list.
> View PostOld Today, 08:12 PM
> ...


What does this have to do with anything? Trying to start fights?


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## BeachGuy (Jul 6, 2011)

Heard from his old office. I'm basically sh*t out of luck. Money's gone. I can pick up my file and find a new lawyer.

Ain't life grand.


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## Homemaker_Numero_Uno (Jan 18, 2011)

BeachGuy said:


> WTF?!!!? I give up.


Ask the secretary who will be taking over.
I don't know any attorneys who don't have a plan for their cases in case they are sick, disabled, incarcerated, otherwise unavailable, including dead. If he doesn't, feel free to sue the practice if it has assets...he/she had a responsibility to follow through cases to the end or to arrange for transfer.


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## Homemaker_Numero_Uno (Jan 18, 2011)

BeachGuy said:


> Heard from his old office. I'm basically sh*t out of luck. Money's gone. I can pick up my file and find a new lawyer.
> 
> Ain't life grand.


That is unacceptable. Make sure the lawyer actually died, and call your AG's office or Office of Consumer Affairs. 

Find a new attorney and file a complaint, also file a motion to get your records, they do belong to you, or at least a copy of them.


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## BeachGuy (Jul 6, 2011)

zappy88200 said:


> How did your lawyer die?
> 
> How old was he?


I think he was in his mid 60's. Not sure of the exact cause but I know he had medical issues in the past.


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## BeachGuy (Jul 6, 2011)

Homemaker_Numero_Uno said:


> Ask the secretary who will be taking over.
> I don't know any attorneys who don't have a plan for their cases in case they are sick, disabled, incarcerated, otherwise unavailable, including dead. If he doesn't, feel free to sue the practice if it has assets...he/she had a responsibility to follow through cases to the end or to arrange for transfer.


I'm going to call the bar association for my state and see what they have to say. But he was a sole practitioner and I don't know that it's mandatory lawyers have provisions in place for things like this. I've also been told (by people I trust) there's nothing to sue for. I've been his client for a year so it's feasible that he exhausted the retainer by now. He just charged me a flat fee and said it would cover it unless we had to go to court or something and so far there's no indication that would happen.


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## Conrad (Aug 6, 2010)

Jellybeans said:


> Sorry to hear about this, BeachGuy. Call his office and find out what options you have.
> 
> Stay strong.
> 
> ...


Trying to avoid them.


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## BeachGuy (Jul 6, 2011)

I called the bar. Guy had no money in the trust. Received a letter from another lawyer that took his files to distribute. Says I need to find a new lawyer and come pick up my file.


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## Conrad (Aug 6, 2010)

BeachGuy said:


> I called the bar. Guy had no money in the trust. Received a letter from another lawyer that took his files to distribute. Says I need to find a new lawyer and come pick up my file.


That's really pathetic brother.

If you didn't have bad luck, you wouldn't have any.


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## BeachGuy (Jul 6, 2011)

Conrad said:


> That's really pathetic brother.
> 
> If you didn't have bad luck, you wouldn't have any.


Ain't that the damn truth??? You can't make this stuff up. Just another bag on the garbage heap of my life.

The only "good" news is the guy at the bar said this other lawyer could offer to finish my case off pro-bono since it's further along and a pretty simple divorce. I'm going to call him tomorrow.


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## Conrad (Aug 6, 2010)

BeachGuy said:


> Ain't that the damn truth??? You can't make this stuff up. Just another bag on the garbage heap of my life.
> 
> The only "good" news is the guy at the bar said this other lawyer could offer to finish my case off pro-bono since it's further along and a pretty simple divorce. I'm going to call him tomorrow.


Sounds like a slender reed of justice


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