"Nicholas, it's Matt Layton." Matt was calling Nicholas to find out what was going on with Frank's case. The divorce has been in progress for five years. Kat won't sign the final divorce papers, refuses to agree to any settlement, and despite moving another man into her home and keeping Frank away with a Protection from Abuse Order, has continued to blame Frank for holding the divorce up. Matt and I decided that since Kat and Frank are still legally married that she should begin to shoulder some of the burden that we have been taking on by ourselves. Frank needs someone to look in on him regularly, possibly a visiting nurse, or Visiting Angels, which is a service where people come over and help run errands, help cook or just sit and watch tv with someone. Frank's life is beginning to consume ours. He is all we talk about these days, he is all we think about and almost every evening we go check on him. I think that if he were still married and living in a family home with his children, who would provide mental stimulation like activity and conversation, he would be doing much better and his disease would have progressed more slowly.
"Matt, I've been planning on calling you. I got a call from Mulva Fargo." Nicholas said.
"I hope it's good news Nicholas." Matt said hopefully.
"Actually, no, it's not. Kat says that Frank was over at their house. As you know, she has a PFA order. Their son, Eric says Frank walked up to the back door and said to him, "Is she mad?" to which Eric responded. "Dad, you're not supposed to be here." Frank handed Eric a bag of groceries and turned and walked away. They're using this as a bargaining chip, Matt. Mulva says they will have Frank arrested for violating the PFA if we don't drop the alimony case. I do not believe they are bluffing Matt." Nicholas said seriously.
"You've got to be kidding. Frank was obsessed with them for a while. He was over our house every day asking about them. He was worried that they didn't have food, so I guess this is possible. Still, I wouldn't put it past them to make the whole thing up either." Matt said.
"Yeah, but then you would be calling Eric a liar, and that's not going to go over too well." Nicholas explained.
"Right, I see your point, but still, we need that spousal support. Frank needs it, they're still married and I think we'll get it. Any word on when the hearing is?" Matt asked.
"Matt, no. That's also what I wanted to talk to you about. I just can't do this anymore." Nicholas stated.
"What do you mean?" Matt asked.
"You know, I was just doing a friend a favor when I got involved in this case. I don't even do divorce. It's been four years and I'm just tired. I can't do it anymore." Nicholas said sadly.
"Nick, it's almost over, we got 'em now. She's going to want to end this quickly now that Frank's disabled." Matt tried to convince Nicholas.
"Matt, you don't get it, . . . this thing will never be over. They'll fight it forever and all the cards are in their favor. How many times have I been to that courthouse for a hearing and they've changed the date on me with no notice? How many times have I not received documents I should have received? How many transcripts have been accidentally lost? I don't know what Fargo has on them, but the employees at the courthouse do her bidding. They'll do anything she tells them to and there's nothing I can do. Just look at this alimony hearing. It should have been scheduled months ago but I haven't even gotten a date yet. That's the kind of power she has there. Matt, I'm tired, and I just can't do it anymore. I can recommend another attorney who could take over. I'll hand over everything I have, but I'm out." Nicholas said straightforwardly.
"I'm sorry to hear that Nick. " Matt was stunned.
"No, I'm sorry. I really wish I could have ended this, but they'll never settle it and I have to move on." Nicholas went on.
"Now what?" Matt wondered. Frank has no money to pay another lawyer. We could call the woman Nicholas recommended but Frank wouldn't be able to pay her. As it was, he hadn't even gotten a bill from Nicholas for his years of work yet.
In order for Nicholas to resign the case, he had to file with the court. Matt tried to contest it since Frank has aphasia and is not able to communicate his story to a new attorney; we felt that the court should force Nicholas to finish the job. We got notice of a hearing about Nicholas' resignation and went to court. The secretary said, "Oh, that's over. The judge signed it as soon as he filed it. There is no court date." "How did that happen? I need to contest it since my brother can't hire another attorney." Matt said. "Well, I guess you'll have to appeal. Once it's signed, it's over." the secretary said.
We filed the necessary papers to appeal the judge's decision to let Nicholas out of the case and waited two weeks. The judge was 45 minutes late for her first case of the day. That was the first clue that she was completely disengaged from her job. Matt tried to explain that the law states that an attorney may withdraw from a case as long as it does no harm to the client's case. The plan was to prove that Nicholas was harming Frank by not finishing the divorce. The judge interrupted every time Matt tried to speak and just kept saying over and over, "why would you want to keep an attorney that doesn't want you?" Then Matt would try to explain his position that Frank couldn't help another attorney understand the case nor pay another attorney to start over, but she obviously didn't read the brief that was prepared with the explanation and wasn't interested in anything he had to say. "I'm sorry Mr. Layton, he doesn't want to represent your brother and you can't force him to if he doesn't want to. Case dismissed." Gavel bang, click. next. you're outta here.
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