“A lawyer should not accept representation in a matter unless it can be
performed competently, promptly, without improper conflict of interest and
to completion.” Comment 1 to Rule 1.16 of the Colorado Rules of Professional
Conduct, “Declining or Terminating Representation.”
“Unless the relationship is terminated as provided in Rule 1.16, a lawyer should
carry through to conclusion all matters undertaken for a client.” Comment 4 to
Rule 1.3 of the Colorado Rules of Professional Conduct, “Diligence”.
“In any civil case which is concluded and in which all related orders have
been submitted and entered by the court and complied with by the
withdrawing attorney, an attorney may withdraw from the case without leave
of court by filing a notice…” C.R.C.P. Rule 121 §1-1(3).
A lot of people, including some attorneys, think that an attorney’s job is done
once a Decree of Dissolution is entered with Final Orders. This is hardly ever
true. Several things still need to occur before the job of the Divorce
Attorney is complete.
1)Written orders submitted to and approved by the Court.
When the parties cannot come to agreements on their own as to how to deal
with all the issues of their marriage, they must appear before a Judge and
have a contested hearing. At the end of the hearing the Judge will, usually, issue
an oral ruling which must then be drafted by one of the attorneys, approved
by the other, and submitted to the Court for its’ written signature.
This seems like a no brainer for an attorney to do, but I have seen cases where a
written order never gets submitted, the attorneys withdraw from the case,
and the clients are left hanging. This does not happen very often due to the
Judges ensuring that it doesn’t, but things still do slip through the cracks. Make
sure a written order gets done!
2) Orders needed to divide retirement accounts, military retirement, FERS and the like.
Often times a Final Order or Separation Agreement will divide retirement
accounts equally, and that’s all it says. Saying it is so does not make it so. Another
order needs to be completed to divide these assets correctly and ensure that
the company holding the asset will do it. These type of orders often times are
never completed and the spouse whose name is not on the asset never gets
their share. It is imperative that the attorney, if they are not going to do these
orders themselves, gives the client the necessary information to ensure that the
order gets completed.
3) Military retirement, payment from DFAS and SBP.
Even if the Final Order or Agreement includes the necessary language to divide
military retirement, this is not all that needs to be done to ensure that a
non-military spouse receives her/his share of the military retirement. If the parties
have been married for ten (10) active duty years then DFAS will pay a spouse
directly their share of the retirement. However, forms need to be filled out and
sent in to ensure that this happens. Again, an attorney should ensure this form
gets completed so that their client can commence getting their percentage
of the retirement directly from DFAS.
If a client is also awarded the Spousal Benefit Plan (SBP) of the retirement,
there is another form that must be sent to DFAS within one (1) year of the entry
of the Decree to ensure that this happens. If DFAS does not get the form, then the
client is screwed. An attorney should ensure that the client knows to do this or
they should help them do it to make sure it gets done.
4) Transfer of titles.
An attorney should ensure that their client knows how to transfer title of property
that was awarded to only one spouse. This includes Quit Claim Deeds for real
estate, POAs for vehicles with loans, and vehicle titles if they are paid in full.
These transfers should happen in a timely fashion if the Court Order does not
specify a deadline.
These are the major items that need to be addressed once a Decree of Dissolution
and Final Orders have been issued. This is not necessarily everything as there
may be other issues to address given the circumstances of each specific case.
In my experience, attorneys often file a withdrawal of representation right
after the Final Orders get signed. This is concerning because most times the
above issues have not been taken care of and the client usually is unclear that
anything else needs to happen. Attorney’s have an ethical obligation to complete
a case, and in the realm of divorce this means ensuring that the client gets
what was awarded them and all necessary documents are either completed to
do this or the client knows what steps they need to take to complete them.
Also, when an attorney withdraws from a case they are telling the Court that
everything has been completed to ensure that the Court’s Order is followed.
This simply isn’t true a lot of the time.
You as the client need to be in contact with your attorney, after the final orders,
and you as the client need to be asking the questions on how to ensure that you
receive exactly what the Court intended you to receive.
performed competently, promptly, without improper conflict of interest and
to completion.” Comment 1 to Rule 1.16 of the Colorado Rules of Professional
Conduct, “Declining or Terminating Representation.”
“Unless the relationship is terminated as provided in Rule 1.16, a lawyer should
carry through to conclusion all matters undertaken for a client.” Comment 4 to
Rule 1.3 of the Colorado Rules of Professional Conduct, “Diligence”.
“In any civil case which is concluded and in which all related orders have
been submitted and entered by the court and complied with by the
withdrawing attorney, an attorney may withdraw from the case without leave
of court by filing a notice…” C.R.C.P. Rule 121 §1-1(3).
A lot of people, including some attorneys, think that an attorney’s job is done
once a Decree of Dissolution is entered with Final Orders. This is hardly ever
true. Several things still need to occur before the job of the Divorce
Attorney is complete.
1)Written orders submitted to and approved by the Court.
When the parties cannot come to agreements on their own as to how to deal
with all the issues of their marriage, they must appear before a Judge and
have a contested hearing. At the end of the hearing the Judge will, usually, issue
an oral ruling which must then be drafted by one of the attorneys, approved
by the other, and submitted to the Court for its’ written signature.
This seems like a no brainer for an attorney to do, but I have seen cases where a
written order never gets submitted, the attorneys withdraw from the case,
and the clients are left hanging. This does not happen very often due to the
Judges ensuring that it doesn’t, but things still do slip through the cracks. Make
sure a written order gets done!
2) Orders needed to divide retirement accounts, military retirement, FERS and the like.
Often times a Final Order or Separation Agreement will divide retirement
accounts equally, and that’s all it says. Saying it is so does not make it so. Another
order needs to be completed to divide these assets correctly and ensure that
the company holding the asset will do it. These type of orders often times are
never completed and the spouse whose name is not on the asset never gets
their share. It is imperative that the attorney, if they are not going to do these
orders themselves, gives the client the necessary information to ensure that the
order gets completed.
3) Military retirement, payment from DFAS and SBP.
Even if the Final Order or Agreement includes the necessary language to divide
military retirement, this is not all that needs to be done to ensure that a
non-military spouse receives her/his share of the military retirement. If the parties
have been married for ten (10) active duty years then DFAS will pay a spouse
directly their share of the retirement. However, forms need to be filled out and
sent in to ensure that this happens. Again, an attorney should ensure this form
gets completed so that their client can commence getting their percentage
of the retirement directly from DFAS.
If a client is also awarded the Spousal Benefit Plan (SBP) of the retirement,
there is another form that must be sent to DFAS within one (1) year of the entry
of the Decree to ensure that this happens. If DFAS does not get the form, then the
client is screwed. An attorney should ensure that the client knows to do this or
they should help them do it to make sure it gets done.
4) Transfer of titles.
An attorney should ensure that their client knows how to transfer title of property
that was awarded to only one spouse. This includes Quit Claim Deeds for real
estate, POAs for vehicles with loans, and vehicle titles if they are paid in full.
These transfers should happen in a timely fashion if the Court Order does not
specify a deadline.
These are the major items that need to be addressed once a Decree of Dissolution
and Final Orders have been issued. This is not necessarily everything as there
may be other issues to address given the circumstances of each specific case.
In my experience, attorneys often file a withdrawal of representation right
after the Final Orders get signed. This is concerning because most times the
above issues have not been taken care of and the client usually is unclear that
anything else needs to happen. Attorney’s have an ethical obligation to complete
a case, and in the realm of divorce this means ensuring that the client gets
what was awarded them and all necessary documents are either completed to
do this or the client knows what steps they need to take to complete them.
Also, when an attorney withdraws from a case they are telling the Court that
everything has been completed to ensure that the Court’s Order is followed.
This simply isn’t true a lot of the time.
You as the client need to be in contact with your attorney, after the final orders,
and you as the client need to be asking the questions on how to ensure that you
receive exactly what the Court intended you to receive.
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