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duhtroll
01-28-2011, 12:41 PM
I hardly ever do this in forum posting, but just on the off-chance someone knows how to do this:

A friend of mine is going through a divorce. Her attorney died suddenly and unexpectedly a week ago (found out she had late stage lung cancer and was dead 48 hours later). So she will need a new attorney. There are no partners taking cases (attorney had her own practice) so she is being told "best of luck - go find an attorney to take your case."

I am googling and coming up with all sorts of dead ends on where to find reviews for family law attorneys.

Anyone looked online for an attorney before? We need someone competent, and money is only an issue if they are top-dollar. We don't want her paying through the nose because of the situation.

This is a very easy case for someone to take, since her husband makes much more money than she does and he left her with most of the debt while taking most of the "stuff." Iowa is a no-fault state, meaning it is just a simple ruling on division of assets. There are no children involved. She is asking for very modest sums to cover the debt he created plus replacement of her health insurance, so "gold digging" doesn't apply.

Anyone got any ideas?

martyo
01-28-2011, 12:59 PM
First off, has she contacted the Iowa State Bar?

They will usually appoint a receiver for the deceased attorney who will be important to your friend. The receiver will arrange for a turnover of the files in the deceased attorney's possession and may well either handle the case for your friend or be able to refer her to an attorney to complete her case.

The state bar can also be an excellent source of attorney referrals.

Oh, and no divorce is an "easy case."

duhtroll
01-28-2011, 01:03 PM
Okay, hers is easy by comparison to lots of others. There simply isn't much to do and there aren't a lot of assets.

But thank you - the letter that she received did not indicate a receiver. They just said have your new attorney contact this office for the files.


First off, has she contacted the Iowa State Bar?

They will usually appoint a receiver for the deceased attorney who will be important to your friend. The receiver will arrange for a turnover of the files in the deceased attorney's possession and may well either handle the case for your friend or be able to refer her to an attorney to complete her case.

The state bar can also be an excellent source of attorney referrals.

Oh, and no divorce is an "easy case."

vkirkend
01-28-2011, 01:05 PM
"Oh, and no divorce is an "easy case."

That is so true.......

duhtroll
01-28-2011, 01:09 PM
She got a letter from her husband's attorney offering his "condolences on the loss" and a friendly offer of his services.

We found that entertaining.

martyo
01-28-2011, 01:54 PM
We found that entertaining.

And a conflict!

duhtroll
01-28-2011, 02:27 PM
I wondered if he was allowed to do that. Should she save that letter for the judge?

I mean, this is a guy who lectured her on contacting him with replies to settlement offers because it was inappropriate.



And a conflict!

martyo
01-28-2011, 02:58 PM
I wondered if he was allowed to do that. Should she save that letter for the judge?

I mean, this is a guy who lectured her on contacting him with replies to settlement offers because it was inappropriate.

Yes, or the Bar.

DEFYANT
01-28-2011, 04:58 PM
I object.

I had an easy divorce. All it takes is two reasonable people to check their egos at the door and be fair. Freedom was the ultimate goal. Keeping that in mind and suddenly, material items lose a lot of value.

We have kids so they came first. The result is a good friend where once was a wife. My new wife gets along great with the ex and the kids eased into the new life with a bump in the road.

It wasn't always easy for sure. Lisa and I had some real tense moments. But we didn't need lawyers (no offense Marty) to negotiate for us. We decided how we wanted it to go. My lawyer drew up docs, she reviewed with hers. There was no tricky business going on and we were done.

Good luck to your friend.

Ms. Denmark
01-28-2011, 05:40 PM
I object.

All it takes is two reasonable people to check their egos at the door and be fair. Keeping that in mind and suddenly, material items lose a lot of value.

The result is a good friend where once was a spouse. ... we didn't need lawyers (no offense Marty) to negotiate for us. We decided how we wanted it to go. And it went pretty well thank you!

:bows: My experience exactly......kinda rare but pretty great! :)

Plus I acquired someone pretty great after all was said and done. ;)

HammerDown
01-28-2011, 06:13 PM
I object.

I had an easy divorce. All it takes is two reasonable people to check their egos at the door and be fair. Freedom was the ultimate goal. Keeping that in mind and suddenly, material items lose a lot of value.

We have kids so they came first. The result is a good friend where once was a wife. My new wife gets along great with the ex and the kids eased into the new life with a bump in the road.

It wasn't always easy for sure. Lisa and I had some real tense moments. But we didn't need lawyers (no offense Marty) to negotiate for us. We decided how we wanted it to go. My lawyer drew up docs, she reviewed with hers. There was no tricky business going on and we were done.

Good luck to your friend.

Agree with you, Charlie.
I have to add in my :twocents:. With my divorce, there were no kids and we had no money to fight over. We agreed on splitting the material items, and it was done by one lawyer in one meeting. Yes, it was a sad time, but yes, it can be done easy and without a lot of hassle.

duhtroll
01-28-2011, 06:50 PM
Thanks for all the comments.

This is not an amicable situation. The guy is an absolute tool and has done what he can to antagonize her. He will very likely fabricate whatever he can to hurt her in the hearing, too.

But it doesn't matter. She has all the evidence and witnesses, plus the obvious facts in the case are strongly in her favor. Anything he comes up with, she can solidly refute.

The purpose for the attorney is to prevent abuse of legal loopholes and to make sure proper procedure is followed.

Given the "no fault" criteria, all this is is a financial arrangement, and they have nothing large to fight over. He can argue and lie all he wants but he can't hide his pay stubs (he is a public employee).

CBT
01-28-2011, 08:17 PM
:bows: My experience exactly......kinda rare but pretty great! :)

Plus I acquired someone pretty great after all was said and done. ;)

So you're single now?! :cool: Dibs on Erics floormats!!

My ex and I got a no contest divorce, it was easy, 700 bucks, done. We do not get along at all, but it was the easiest way to do it.

TooManyFords
01-29-2011, 03:46 AM
Take Marty's advice and contact the State Bar. My divorce was easy, but the one you are trying to help with sounds like a mess and it won't be easy to clean up.

Ms. Denmark
01-29-2011, 04:43 AM
Maybe this is too simplistic....but I'd prolly ask around about who my friends, co-workers have dealt with and who they recommend. In most towns, people know which professionals have the best reputations. And as you said....this one is a straightforward case. To me, it's better to get it done with as little drama as possible and move on, without spending huge amounts of money, time and emotional energy. In a year it will be a whole new outlook and life for your friend. It is sometimes better to come out of these things with a little less "stuff" but with your humanity intact. You can always get more "stuff." I wish her well. She will survive and thrive after this trauma, especially if she doesn't create mountains out of mole hills. JMHO

duhtroll
01-29-2011, 04:58 PM
She is already thriving on her own - so no worries there. Getting away from him was a big plus. She just wants to eliminate his debt and start over (what she took from this marriage was one u-haul van load, so she really doesn't care about "stuff" and just wants to be free.

They really don't have much to fight over, but he won't give her anything until the court tells him to, so she has to wait.

She has asked around, as are her friends. We have a couple leads and we found one of the ones recommended by her co-worker on the Bar website, so that is her first call.


Maybe this is too simplistic....but I'd prolly ask around about who my friends, co-workers have dealt with and who they recommend. In most towns, people know which professionals have the best reputations. And as you said....this one is a straightforward case. To me, it's better to get it done with as little drama as possible and move on, without spending huge amounts of money, time and emotional energy. In a year it will be a whole new outlook and life for your friend. It is sometimes better to come out of these things with a little less "stuff" but with your humanity intact. You can always get more "stuff." I wish her well. She will survive and thrive after this trauma, especially if she doesn't create mountains out of mole hills. JMHO

Ms. Denmark
01-29-2011, 06:09 PM
She is already thriving on her own - so no worries there. Getting away from him was a big plus. She just wants to eliminate his debt and start over (what she took from this marriage was one u-haul van load, so she really doesn't care about "stuff" and just wants to be free.

They really don't have much to fight over, but he won't give her anything until the court tells him to, so she has to wait.

She has asked around, as are her friends. We have a couple leads and we found one of the ones recommended by her co-worker on the Bar website, so that is her first call.Sounds like she has her head on straight. Hope the lead on the lawyer pans out. All the best to her.

rayjay
01-30-2011, 10:13 AM
Marty's advice was the best as was talking with trusted people who have been there, done that. In NY each county has a Bar Assoc. so your state may have that also, but sometimes it better to not have the attorneys know each other if one side is being the tool you referred to. My 1st divorce was amicable, the second, well... took four years and my ex was the female version of tool. Still is for that matter and my children are adults. I wish your friend luck. Its good there are no children involved to be used as pawns. :shake: