Legal Question in Family Law in Florida

Is my attorney obligated after 9 years

if my Michigan attorney did not get a QDRO for the pension awarded to me in my divorce in 1998, is he obligated to do it now in 2007 while I am living in Florida . I have asked him 3 times and he tells me not to worry but it is still not done.


Asked on 8/16/07, 11:53 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Is my attorney obligated after 9 years

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Without knowing the terms of the attorney's employment with you, it is impossible to respond. You need to review your retainer agreement. Many attorneys specifically will not prepare QDRO's and require you to use a third party to prepare it. Often times, employers require the QDRO to be written by their pension administrator.

Scott R. Jay, Esq.

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Answered on 8/18/07, 6:03 pm

Re: Is my attorney obligated after 9 years

Whether he is obligated to render that service to you depends on your retainer/fee agreement with him. Look at the agreement you and he entered into when you hired him and see if QDRO's or post-judgment services were to be rendered and under what fee and/or circumstances.

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Answered on 8/16/07, 1:46 pm


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