Legal Question in Family Law in Alaska

Re: Attorney lien

I am licensed in Montana. Alaska law might be different from Montana law. You should consult an Attorney in Alaska.

You said your attorney took your case pro bono. Just for informational purposes: �Pro bono

publico� means for the public good, for the welfare of the whole. Attorneys usually use it to

describe work we have chosen to take on for no fee because we believe that not taking the case

will deny a person access to the justice system when that person has a legitimate need. Attorneys

are encouraged (and in some states required) to do a certain amount of pro bono work each year.

Pro bono does not mean work we took on a for-fee basis and just didn�t get paid like we thought

we would. We should not, and in some states we cannot, count those hours toward our annual

hours.

You and your attorney should have signed a written fee agreement at the beginning of your case. Take a look at the agreement. Have someone else review it, too, just in case you�re missing

something. If your attorney took the case pro bono, she did not expect you to pay her. If your

attorney took the case pro bono with the hope that the court would order your husband to pay, she took the case not expecting you to pay her, but hoping to be paid from another source. If the agreement talks about you not having to pay up front or as-you-go because she will seek attorney fees from your husband, and you will

have to pay any short-fall, you might owe the difference between the fee your attorney earned and the amount she received from the other party.

An attorney�s lien is similar to any other type of lien, like a bank lien using the new car to secure the bank's money. When the debtor doesn't pay, the bank can take the car or, when the debtor sells the car, the bank can take the proceeds. If your attorney filed any documents, she is required to serve a copy on you (by mail or in person). If the court ruled on her motion, the clerk of court or your former attorney is required to serve the order on you. Call the clerk of court and explain what you need; the clerk can probably look it up in the computer and give you an answer while you�re still on the phone.

You can also call the Alaska State Bar Association and tell Reception that you have a fee dispute and a possible grievance and need to talk with someone who can help you.