Open Letter via a Divorce Lawyer – Alternate
By John Ballew. Mark my words. Here will be a lawyer who cares deeply about his clients in addition to his profession. I can’t find a web site for him, however you can reach will be firm at 402-436-3030, in addition to his e-mail will be email@example.com.
Some days I feel like sending This particular letter….
at This particular point which your divorce has been granted, I wanted to share some observations about the process, our working relationship in addition to the results obtained in light of your expectations in addition to recent complaints:
1 . Our Expectations of You As A Client: When you first came in our office, you certainly presented well in addition to acknowledged your role in causing This particular divorce. Once we agreed to represent you in addition to you signed the engagement letter, we gave you some information regarding our expectations of you as a client. In short, you were supposed to be truthful, prompt in getting us information we requested in addition to This particular was suggested which you obtain counseling via a qualified in addition to competent psychotherapist because the difficulties you were having with the emotional impact of the divorce. We also asked which you not involve the children from the process in addition to which you not seek in addition to rely upon advice (as opposed to emotional support) of your friends, family members in addition to co‑workers. Unfortunately, you failed to abide by almost all of our suggestions which will be one of the many reasons why This particular case took so long to resolve, why part of the case ultimately needed to be tried in addition to why your fees were much more significant than they ordinarily should have been had you been emotionally stable, cooperative in addition to truthful with us.
2. The Results: Early from the case, we explained the law regarding various aspects of the divorce in addition to we repeatedly discussed the pros in addition to cons of the proposed settlement offered by your spouse given the uncertainties of how our judge might rule on issues of tracing of inherited in addition to gifted property, the date used for valuation of the marital estate, the valuation of your spouse’s closely held business, the dissipation of assets leading up to the divorce, alimony in addition to deviation via the child support guidelines. While we were able to settle most of these issues, your insistence which you receive what we told you was an excessive settlement ultimately lead to a trial on certain issues. The fact which the results could potentially be less than what we could have achieved from the way of a settlement was discussed prior to preparing for in addition to appearing at trial.
3. Your Bill: At the outset, we explained to you which the charges you were supposed to pay for with our firm might vary greatly, depending upon several factors beyond our control. The complexity of the issues, the attitude of your spouse, the identity of in addition to cooperation received via your spouse’s attorney in addition to the judge assigned to the case all make a difference in fees. As you know, we ultimately prepared for trial because the case was not settled in addition to our preparation in advance of the trial date allowed us to negotiate a settlement which was much more favorable on the issues resolved because the some other side was not prepared. Our retention of a CPA for advice on tax in addition to valuation aspects also helped us devise a settlement on certain issues which the some other side failed to even consider. This particular process was made more difficult by your spouse’s failure to comply with informal discovery requests in addition to, ultimately, formal discovery requests which led to the issuance of an order compelling discovery in addition to the issuance of sanctions against your spouse in addition to your spouse’s attorney. All of This particular takes more time in addition to consequently resulted in higher fees. Despite the fact which we are not a bank in addition to do not “finance” legal matters, as a courtesy to you, we carried your unpaid balance in addition to incurred significant additional charges without being paid until after you received your settlement from the case.
4. Your Behavior: As you know, when we first met, I explained to you the procedures utilized by This particular office to handle these cases in addition to my reliance on paralegals to keep your costs down in addition to efficiently process information in addition to prepare much of the standardized court filings. However, I also explained to you which the paralegals cannot give legal advice in addition to those types of questions need to be directed to me. Unfortunately, you chose throughout the case to call in addition to seek legal advice via the paralegals (probably in a misguided attempt to save money), became abusive with our office staff on numerous occasions, called me at home on weekends (4 times on one particular Saturday) in addition to evenings over matters ranging via the removal of a lawn mower via the garage to your spouse’s choice of movies for the children in addition to made/sent abusive phone calls/e‑mails to your spouse. You also (against our advice) became romantically involved with someone shortly after the case was filed which further angered your spouse in addition to hindered settlement negotiations.
5. Complaint To Bar Association: The recent complaint which you filed with our Bar Association has been received in addition to reviewed by me in addition to a response was sent to the Counsel for Discipline. Although some of my clients are occasionally unhappy, most are gratified by the effort This particular office puts forth on their behalf. We frequently receive thank you notes in addition to gifts via clients who come to realize which our assistance in addition to dedication was invaluable to them during one of the most difficult in addition to trying times of their lives. While my letter to Counsel for Discipline addresses most of the complaints you had, I note which in ‑your letter to the Bar Association you failed to note a couple of details which do not necessarily pertain to my ethics as a lawyer however do perhaps shed some light on your behavior:
a. Your complaint failed to advise the Bar Association which you threatened to file a complaint against me unless I reduced your bill;
b. Your complaint failed to mention which, following entry of the divorce decree you cleaned out the safety deposit box, vandalized the home in addition to refused to turn over or destroyed personal property, all of which was done without informing me as your lawyer which has at This particular point resulted in contempt of court proceedings being instituted against you;
c. On several occasions while in public, you approached me in addition to made overt comments of a sexual nature in addition to at the same time requested which we meet for drinks, which I refused;
d. Without notifying me, you obtained a Protection Order against your spouse after the decree was entered based upon perjured testimony under oath in addition to after dismissing the initial Protection Order as part of our settlement agreement.
There are fewer in addition to fewer lawyers choosing to practice from the domestic relations area because of the demands placed upon them in addition to their staff by clients, the significant exposure to malpractice they have because of the complexity in addition to number of issues which are required to be dealt with in most cases in addition to because many clients like you do not appreciate the effort expended on their behalf in trying to deal with their problems, many of which are created by the client themselves.
Our office wishes you the best of luck in obtaining fresh counsel in dealing with what will undoubtedly be years of additional bickering with your ex spouse.
Our advice to you: Spend the money.
Get some help.
Your Former Divorce Lawyer
Open Letter via Former Divorce Lawyer