Question: I am 42, married to a man, 49, from whom I have been separated for 15 months. We have two children in their teens. My husband was having an affair when I moved out on the advice of my lawyer. My husband now lives with the floozy in our home.

When I went to my lawyer, I took everything he would need to handle my case -- from bank statements to financial statements to deeds to tax returns during our 18-year marriage. Everything was placed in his hands. Although we have property and my husband earns well, I did not have much cash to pay my lawyer. He told me that since my case was “a piece of cake”, he would accept a $10,000 retainer fee and promised I would not be billed again until the case was over.

Well, it’s now been 15 months. On his advice, I moved out and took the children to another state where my family lives. I went back to work as a nurse after getting licensed, but can only work part time due to commitments with the children. My husband agreed to pay me $4,000 per month, but I have been saddled by court order to pay all debts on all property and credit cards, leaving me only $400 per month to support myself and the children.

On top of that, my lawyer lost most of the documents I gave him (he now denies that I left these items), and I had to pay more than $2,000 to replace them. Every time there is a deposition or mediation, I am required to travel back and forth at great expense. At the last mediation, my lawyer told me that my case was a “train wreck”.

I believe he has lost interest. He snaps at me when I call. I am now getting his billings, which are upwards of $50,000, and even though he promised I would not pay anything else until the case was completed, he is now demanding monthly payments that I can’t make. In addition, $3,500 of the $4,000 per month was ordered to be alimony, and he never told me about estimated taxes, meaning I have a whopping tax bill I can’t pay.

I have no money to hire another lawyer, but have no relationship with this one. I feel I am out of options.

Answer: Unfortunately, your question mirrors the concerns of many litigants throughout the United States who have written us, so let’s see if we can break it down.

1) Based on what you tell us, it appears that if your case has gone from a “piece of cake” to a “train wreck”, your lawyer has been driving the bus down the freeway that took it there. If the facts as you recite them are correct, the actions of your attorney have prejudiced your positions.

2) Assuming you have a written fee agreement with your lawyer, a provision should have been included that you would not be asked to pay any more until the case was completed. This is an issue of contract between you and your attorney.

3) Regarding your lost files, we suggest that anytime anyone leaves documents with an attorney or anyone else, a specific receipt for the documents be signed by the recipient. Additionally, we don’t think that original documents should ever be left in a lawyer’s office. With the ability to secure copies at most office supply stores or, better still, being able to scan documents to a CD or DVD, properly organized, this is a much better idea.

Bottom Line: Write your attorney a brief, succinct letter or e-mail setting forth your dissatisfaction and concerns with the way things have been going with your case. Ask that he move the matter ahead to conclusion. If necessary, ask for a meeting and try to discuss these issues calmly -- because starting over with a new lawyer at this stage may increase the number of cars in the pileup.