simple questions I hope.......

[wysiwyg]

Soc,

Refreshing your memory, IN here.

BM ordered last spring to pay BF attorney's fees within 90 days or failure would result in an  automatic judgement against her in favor of our attorney's firm.

BM failed to do so, I was obligated to pay attorney so I did and inquired about what they would then do to recoup the funds since they had the judgement.  Firm dragged feet and after 2 months I aksed what we can do so that I can get my money back as obviously BM was not gonna pay.  They said they could do a pro supp to collect and asked if WE WANTED TO GO THAT ROUTE!

I told them to go ahead and do what they had to do to get our money back since she failed again to abide by court order.  

They filed agaisnt her - hearing is upcoming.  Yesterday I received a bill from the attorney for the time involved for drawing up and filing the pro supp!  This brings to light is I will be billed for his time to be in court next week as well.

I believe that I should not incur these costs since the firm had the judgement and has a duty to NOT sit on it and let it go by way of the doo doo, that is not in my best interest.

1. Should I point out to the attorney that these costs incurred should not be billed to me?

2. What do I say?

The filing reads that "the judgement creditor owns a judgement obtained in this court against the Respondent on (date) for the sumn of XXX and costs and interest."

3.  Does this mean that they can recoup the remaining balance plus all interest past the date of the order plus attorney's costs to file?

Thank you.

[socrateaser]

>1. Should I point out to the attorney that these costs
>incurred should not be billed to me?

The terms of the original judgment STRONGLY suggest that you were never personally responsible for attorney fees to your firm. Otherwise, the original judgment would not have granted a money judgment in favor of your attorney, but rather would have granted it in your favor.

My position would be that your attorney, by accepting your payment on the attorney fees, has violated its ethical duties to you, because, but for your payment of those fees, your attorney would have been under his own responsibility to collect. Thus, your attorney is now billing you for fees to which it was never entitled.

And, that's what I'd tell them, including telling them that if they charge you for collecting that you will complain to the State Bar. However, I'd try to avoid the discussion until after they collect the judgment, because if you start a fight now, then they will just shrug their shoulders and say, "OK, but we already have our money, so we're doing this for you."

If it gets to the point where they're not collecting, because you're not paying, then I'd give em both barrels and demand that they refund your money immediately or you'll complain to the authorities.

Frankly, I think you could successfully argue that what your attorneys have done is fraud (maybe even criminal false pretenses), because they induced your payment on your justifiably relying on their assertions that you owed them, when in fact, the court had rendered a judgment in your attorney's favor, impliedly transferring your debt for attorney fees to your ex.

It's also a breach of fiduciary, because your attorneys are supposed to act with due care and loyalty in your best interests, and by accepting payment from you, rather than collecting on their money judgment, they definitely are not acting in your best interests.

>2. What do I say?

See above.
>
>The filing reads that "the judgement creditor owns a judgement
>obtained in this court against the Respondent on (date) for
>the sumn of XXX and costs and interest."

>3.  Does this mean that they can recoup the remaining balance
>plus all interest past the date of the order plus attorney's
>costs to file?

This is a matter of local law, but the general rule is that if the underlying judgment awarded attorney fees, then the costs of collecting the judgment will also allow attorney fees.

[wysiwyg]

Soc-

Your reply is most interesting, let me throw a monkey wrnech into it for more of your opinion.  

At the conclusion of the hearing in which we were awarded attorneys fees resulting in the passage I quoted in last post, it was my attorney who wrote this order up for the judge at the judges request.  If my attorney drew this up and is still collecting my money - any other comments you would like to make?

[Sunshine1]

even though we need them why they gotta be so greedy?  Bloodsuckers!!  (not you Soc, you don't fall into this category)

:)

[wysiwyg]

Soc,

I have not gotten the new order back on this yet, but in looking over the previous order to appear etc, it was sent by the court to BM AND her attorney, of which neither showed.  

1.  Regardless of her actions to show or not, shouldnt her attorney have showed or filed something regarding his appearance regardless?

2.  What do you make of neither's appearance?  I say somethings afoot......

[socrateaser]

>Soc-
>
>Your reply is most interesting, let me throw a monkey wrnech
>into it for more of your opinion.  
>
>At the conclusion of the hearing in which we were awarded
>attorneys fees resulting in the passage I quoted in last post,
>it was my attorney who wrote this order up for the judge at
>the judges request.  If my attorney drew this up and is still
>collecting my money - any other comments you would like to
>make?

Yeah. The attorney doesn't appear to understand either the rules of professional conduct or the law of agency.

[socrateaser]

>Soc,
>
>I have not gotten the new order back on this yet, but in
>looking over the previous order to appear etc, it was sent by
>the court to BM AND her attorney, of which neither showed.  
>
>1.  Regardless of her actions to show or not, shouldnt her
>attorney have showed or filed something regarding his
>appearance regardless?
>
Opposing counsel is probably not getting paid by BM, so is refusing to do any more work.

I don't know why your attorney didn't show. Maybe they think that they can collect without appearing so they didn't waste their time. More likely, they've already been paid so this is at the bottom of the list of important things. It's up to you to start making a stink that you "feel that your attorney maybe violating his ethical and fiduciary duties to you.

You could just ask them to give you your money back, because the order was written to them and your paying is providing them with a double recovery.

>2.  What do you make of neither's appearance?  I say
>somethings afoot......

See above.