On Monday learned that a friend had passed away on Friday the 13th...she had beaten stomach cancer (or so we hoped) but found out that it had spread everywhere and died 3 days later.
Same day, My golden developed a tennis ball size lump in her lymphnode/neck and I feared the lymphoma...but she's gonna be ok, thank God.
Same day, my attorney calls and says that there were a bunch of motions filed, due in a week; and that 'did I know that these weren't included in my 10k...yes, 10k, fee? I said I sure thought they were included. She asked me to look at my fee agreement, which I did, which certainly indicated that whle the payment might not have been in the original 4k initial fee that they were certainly included 'in the plan...6k'. I told her that she didn't have to go to my 2004 deposition, which wasn't specifically mentioned in the contract, and I offered to draft a couple of the motions which I sent her Tuesday. She said she was filing a protective order re ex's supoena for my deposition cuz it was a fishing expedition. (wanted all financials for 5 years back...about 300 pages)
But I told her that I'd gotten most of the info already and while it was a fishing expedition, that there was nothing I was worried about.
Wednesday: I was driving to the courthouse to get documents for my deposition by ex-husband. Had a huge atrial fibrillation episode and blacked out while driving. Ended up in the ER for 4 hours...not fun. Not allowed to drive until I see my cardiologist and we figure out how to stop the black outs.
Thursday: attorney calls and says she is going to withdraw!!!!!with all these motions due Monday...because I have too high of expectations of her. Note: she's not responded to any motions or objections and has just filed the plan and attended the 341. BUT she says, she will attend the day long deposition that I don't want her to attend at $350/hr. I want her to file responses to the motions instead of doing the babysitting work that I don't need or want. But I do ask her to see if ex's attorney will agree to delay the 9 am starttime because I live two hours away, can't drive, no public transport and I'm hoping to find someone to drive me . No, she says he won't agree to any changes. I fax her the ER diagnosis and prohibition against my driving.
FRiday: Don't hear from attorney who promised she'd send a draft of her withdrawal motion and filing for continuances on the motions and deposition due Monday. Can't find anyone willing to drive me 2hours each way and wait for an 'all day' deposition. (There is really nothing for him to depose that could possibly take more than an hour, but you know, billable hours.) So I decided to call Ex's attorney and let him know that while I can't get there in person, that I'm willing to be deposed by phone and that I'll send him all the 200 pages of documents subpoened. Left a message; rec'd no response.
Sunday: my attonrey calls and says she 'expects' me to find a way to be there or I'll probably be charged because it is too late to file a continuance. Huh? . Again, I say I don't want her to be there and that I'm not paying her...she says that until she's granted her motion to withdraw she must. (Then why mustn't she not have to file those motions????) I say that since I'm going to have to hire a new attorney, wouldn't he want to be at the deposition? And that since she was withdrawing what good would having her there be for me?
Monday: I've sent all the subpoenaed info, packaged nicely with a Table of Contents! I call at 9:00am and ask if they've gotten my message about a phone depo. I'm put on hold and then disconnected. No calls. All day, nothing.
I didn't schedule my cardio appt because I thought I'd be deposed all day. @ noon I have another a-fib episode and have to get horizontal and sllep until it resolves. At 5pm I get an email from my attorny's office with an email from ex's attorney: he makes fun of my disability and says I should have taken a greyhound bus from 15iles away from my house to Denver and then a taxi. Insists that this is what I must do on this Friday and to plan on an all day and iinto the night deposition. Says that since its normally his day off that he will bill me time and a half!!! And, that if necessary he will have a defillibrator brought to his office at my cost (Shows his ignorance of my heart condition).
He says he's asking the court for sanctions for my not obeying orders to show up etc and so on.
I can't be there on Friday as I have a senior's trip that was planned 6 months ago and is non-reffundable. I have a cardiologist's appt on Thursday and his orders that I do not drive or expose myself to stress PERIOD. My attonrey filed her withdrawal motion, but it seems that until it is granted I can't file anything with the court.
What a f----ing mess. But it occurs to me that my attorney isn't willing to 'protect me' (tho it is true that I said she didn't have to file the protective order against the fishing expedition) but she does show up at the deposition even tho I specifically told her not to. Do you think she's jsut interested in racking up hours so she can claim more than the initial flat fee (4k) even tho she's done nothing since attending the creditor's meeting?
And what should I do about X's nasty attorney?
Whew, thanks for letting me vent.
Same day, My golden developed a tennis ball size lump in her lymphnode/neck and I feared the lymphoma...but she's gonna be ok, thank God.
Same day, my attorney calls and says that there were a bunch of motions filed, due in a week; and that 'did I know that these weren't included in my 10k...yes, 10k, fee? I said I sure thought they were included. She asked me to look at my fee agreement, which I did, which certainly indicated that whle the payment might not have been in the original 4k initial fee that they were certainly included 'in the plan...6k'. I told her that she didn't have to go to my 2004 deposition, which wasn't specifically mentioned in the contract, and I offered to draft a couple of the motions which I sent her Tuesday. She said she was filing a protective order re ex's supoena for my deposition cuz it was a fishing expedition. (wanted all financials for 5 years back...about 300 pages)
But I told her that I'd gotten most of the info already and while it was a fishing expedition, that there was nothing I was worried about.
Wednesday: I was driving to the courthouse to get documents for my deposition by ex-husband. Had a huge atrial fibrillation episode and blacked out while driving. Ended up in the ER for 4 hours...not fun. Not allowed to drive until I see my cardiologist and we figure out how to stop the black outs.
Thursday: attorney calls and says she is going to withdraw!!!!!with all these motions due Monday...because I have too high of expectations of her. Note: she's not responded to any motions or objections and has just filed the plan and attended the 341. BUT she says, she will attend the day long deposition that I don't want her to attend at $350/hr. I want her to file responses to the motions instead of doing the babysitting work that I don't need or want. But I do ask her to see if ex's attorney will agree to delay the 9 am starttime because I live two hours away, can't drive, no public transport and I'm hoping to find someone to drive me . No, she says he won't agree to any changes. I fax her the ER diagnosis and prohibition against my driving.
FRiday: Don't hear from attorney who promised she'd send a draft of her withdrawal motion and filing for continuances on the motions and deposition due Monday. Can't find anyone willing to drive me 2hours each way and wait for an 'all day' deposition. (There is really nothing for him to depose that could possibly take more than an hour, but you know, billable hours.) So I decided to call Ex's attorney and let him know that while I can't get there in person, that I'm willing to be deposed by phone and that I'll send him all the 200 pages of documents subpoened. Left a message; rec'd no response.
Sunday: my attonrey calls and says she 'expects' me to find a way to be there or I'll probably be charged because it is too late to file a continuance. Huh? . Again, I say I don't want her to be there and that I'm not paying her...she says that until she's granted her motion to withdraw she must. (Then why mustn't she not have to file those motions????) I say that since I'm going to have to hire a new attorney, wouldn't he want to be at the deposition? And that since she was withdrawing what good would having her there be for me?
Monday: I've sent all the subpoenaed info, packaged nicely with a Table of Contents! I call at 9:00am and ask if they've gotten my message about a phone depo. I'm put on hold and then disconnected. No calls. All day, nothing.
I didn't schedule my cardio appt because I thought I'd be deposed all day. @ noon I have another a-fib episode and have to get horizontal and sllep until it resolves. At 5pm I get an email from my attorny's office with an email from ex's attorney: he makes fun of my disability and says I should have taken a greyhound bus from 15iles away from my house to Denver and then a taxi. Insists that this is what I must do on this Friday and to plan on an all day and iinto the night deposition. Says that since its normally his day off that he will bill me time and a half!!! And, that if necessary he will have a defillibrator brought to his office at my cost (Shows his ignorance of my heart condition).
He says he's asking the court for sanctions for my not obeying orders to show up etc and so on.
I can't be there on Friday as I have a senior's trip that was planned 6 months ago and is non-reffundable. I have a cardiologist's appt on Thursday and his orders that I do not drive or expose myself to stress PERIOD. My attonrey filed her withdrawal motion, but it seems that until it is granted I can't file anything with the court.
What a f----ing mess. But it occurs to me that my attorney isn't willing to 'protect me' (tho it is true that I said she didn't have to file the protective order against the fishing expedition) but she does show up at the deposition even tho I specifically told her not to. Do you think she's jsut interested in racking up hours so she can claim more than the initial flat fee (4k) even tho she's done nothing since attending the creditor's meeting?
And what should I do about X's nasty attorney?
Whew, thanks for letting me vent.
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