Tying Up Loose Financial Ends
Before you leave the system behind, you need to pay your lawyer. If you and your lawyer are still friends — yes, that's really possible — you don't want to jeopardize that friendship. After all, you'll have other legal matters to address, such as changing your will, setting up trust funds for your children, or drafting a prenuptial agreement the next time you get married. And, unfortunately, it's always possible divorce issues will erupt again. If you maintain a positive relationship with your lawyer, you can call upon him for new needs. You'll save time and money because this lawyer already knows a lot about you and your history.
The divorce decree may order your ex-spouse to pay part or all of your attorney fees, but if your spouse doesn't obey this order, you may have to go back to court to get a judgment against her for unpaid fees. However, the bottom line is you are responsible for the bill (recheck your retainer agreement to make sure). If your ex fails to pay, you'll have to pay first and then try to collect from your ex.
Resolve Issues Promptly
If you have issues with your lawyer, resolve them as soon as possible. The first step is to talk with him directly, so make an appointment to review whatever is troubling you — your file, your bill, his handling of certain issues. Don't hesitate to ask your lawyer hard questions, such as “Why didn't you raise the issue of my spouse's mental health history?” or “Why are these phone bills so high?”
If you still think your lawyer's fees are too high, you can go to fee arbitration. Your local bar association can tell you how to set it up. Usually a fee arbitration committee is made up of lawyers and nonlawyers who listen to each side and make a decision. Their decision is final, and you'll have to pay whatever fee the committee determines.
Making a Complaint
After you've discussed your concerns with your lawyer, you still may feel your lawyer didn't satisfactorily answer your questions. You may believe your lawyer's behavior was unethical, or you have discovered billing statement discrepancies. Maybe your lawyer can't account for funds that were to be held in his trust account during the divorce. Maybe your lawyer hasn't forwarded the property settlement to you — the check your ex says was sent to the lawyer weeks ago.
These are issues for the Lawyers Professional Responsibility Board. However, you should evaluate your concerns carefully before making a complaint to be certain it is valid. Dissatisfaction with trial results, a lawyer's inconsistent return of telephone calls, or insensitivity to your emotional response to the divorce are reasons to hire a different lawyer in the future, not reasons to make an ethical complaint. Many of the complaints made to the board come from divorce cases, but the board finds cause to go forward in very few of these complaints. Even so, unfounded complaints take up a lot of lawyer and board time, so be sure your complaint is legitimate. If it isn't, let go and move on. Realistically, the best time to evaluate your attorney's performance is before your case is finished. If you think there is a problem, address it with your lawyer promptly to avoid a bad outcome. If necessary, hire another lawyer before going to trial.
Other Litigation Expenses
If you hired any experts for your divorce, you probably have to pay bills for their time, too. There's the accountant, the home or business appraiser, the private custody expert, and any other expert who testified on your behalf. Making necessary arrangements to get these people paid is an important step in getting on with your life. The fewer reminders you have of the past, the easier it will be to look toward the future.
