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attorney representation

 
 
Reply Sat 6 Aug, 2011 12:23 pm
My attorney did not do what I wanted him to do to represent me. He gave it all to my ex and made me lose about $28,000. Can I file for the same petitions and start over?
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Type: Discussion • Score: 0 • Views: 2,268 • Replies: 7
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jespah
 
  1  
Reply Sun 7 Aug, 2011 06:34 am
@mysticlme1,
Your attorney doesn't give anything to your ex. The Family Court judge does such things, unless this was a mediation situation.

What you are interested in is what's called an appeal. And you should probably get a lawyer to represent you for that -- a different lawyer.
mysticlme1
 
  1  
Reply Mon 8 Aug, 2011 07:51 pm
@jespah,
I realize that the Judge makes the ruling. My attorney was not prepared when we went to court. He thought it was on just 1 matter instead of all of the issues. I had provided him with all previous petitions from both parties along with the outcomes from each court date. This was at an appointment that we had in his office. I did a lot of reseach on the housing issue (sale of our home) as to what I am entitled to, and printed it out for him to use as prescedents. I also told him, typed and printed what I wanted him to ask and argue for me. He didn't want to read what I had for him. With all of the information at hand, he had already made his decision of what he was going to do. It was short enough to not take more than 3 minutes to read. I made him read it and it still didn't make a difference. I really appreciate you responding to me. I have a 30 minute appointment with another attorney tomorrow. I was in pro per at the previous court date. My ex had an attorney there. The judge wanted me to get an attorney so she continued it. Anyway, his attorney pressured me severly to signing the papers to sell the house. She told me the judge was going to enforce the sale of the home on me and have me sign the paperwork. I was nieve. I was very upset and crying because I didn't want to sign the papers. I didn't agree with the bid amount the house was going to sell at. I ended up signing the papers there and the issue I had petitioned for was completely disregarded and not even brought up. The details of the distribution of proceeds from the sale is what I want to change, otherwise I will not be getting what I am entitled to and I will be getting a very little bit of the proceeds after paying all of the fees and attorneys fees. I just received a phone call from the title company today to come in and sign the beginning of the escrow. My question now is Can I still appeal the distribution of funds before the escrow closes?
roger
 
  2  
Reply Mon 8 Aug, 2011 08:12 pm
@mysticlme1,
I can't begin to tell you what you should be doing now, but from what you say, you have been accepting legal advice from your opponent's attorney. Don't do that anymore.
jespah
 
  1  
Reply Tue 9 Aug, 2011 06:17 am
@roger,
Exactly.

Good you are getting another lawyer. The question you have is, of course, for him or her. However, there is such a thing as ineffective assistance of counsel -- might want to mention that to your new attorney.
mysticlme1
 
  1  
Reply Wed 10 Aug, 2011 10:03 pm
@jespah,
Well, I saw the other attorney yesterday. I wish I had her from the very beginning. Anyway, she doesn't do appeals, but she did give me some suggestions. She did say I can file a motion to reconsider. After that I stopped by my divorce atty's office and asked her some questions in regard to what was written in the Marital Settlement Agreement. I wanted to really understand that my requests were legitimate requests and not barred by the agreement. She confirmed that yes I can request it and showed me how to calculate it. (half of the rent even though he isn't collecting it). I also approached her about occupational rent, credits and entitlement to the interest on the house. Of course, the atty that went to court with me told me that I couldn't go after those. I started thinking about what was ordered in court and the atty telling the judge that the issue is mute. There was only one issue addressed and not the others. So, I'm thinking I can still file a petition enforcing those issues to be addressed. I'm wondering if I should file it as motion to reconsider or just file the petition referring to the first petition. One of the issues was to have him pay the attorney fees. His atty brought up to the judge that she will be may be asking for that, but I had already petitioned for it. Don't know if that will make a difference, but I can hope. Your replys are great and helpful. Thanks
addisonbrooke
 
  1  
Reply Fri 15 Mar, 2013 06:01 am
@mysticlme1,
f a case is simple, a person may wish to represent himself, or proceed pro se. The courts usually discourage self-representation because legal practice requires special skills, and an unschooled pro se party is usually at a disadvantage in court. Even attorneys are well advised to hire another attorney for personal legal problems.
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aryary
 
  1  
Reply Tue 9 Apr, 2013 02:54 am
@mysticlme1,
Yah of course you have that option ,its better for you to consult other reputed lawers to chalk out the guide line as to how would you progress and after that you must sue your present lawyer.
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