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  #1  
Old 01-15-2007, 07:44 PM
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Join Date: Jan 2007
Posts: 30
Unhappy

Just paranoid??


What is the name of your state? FL

Stipulations of and Pretrial agreement of Parties was made part of but not adjudicated in Dissolution of Marriage in April of 2006. Trial continued until May. My attorney asks for the current agreement because the one He has is an old version. Court cant find so OC provides a copy to judge. My attorney doesnt get his copy until final arguments a few days later. Final judgement is issued in June 2006. The stipulation agreement attached does not seem to be complete with debt no longer part of the agreement. I mention to attorney and he says yeah we worked that out remember? I remember saying I would take the debt, but also remember that debt is a factor in determining CS as well. I figure am just paranoid and proceed.

Is now December 2006 and the Pretrial agreement is found to be ambiguous. Prior to this ruling Judge says I dont know why the agreement isnt in the file again. My attorney asks OC to give copy of her's to Judge. She says this is my copy, and my atty says " I will just have my office do a notice of filing" ?

I received the court transcripts from the Dec 06 proceeding and noted there is a new case number being used? (just on transcript, not on ruling) I havent received a copy of the notice of filing either.

So, what's the verdict counselors? Just paranoid or justified in my apprehension that something is amiss?
  #2  
Old 01-16-2007, 08:56 AM
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Join Date: May 2004
Posts: 41,368
That does seem a bit odd...but its something that you really need to be discussing with your attorney. If you don't have confidence in your attorney, then you might consider getting a second opinion from another local attorney.
  #3  
Old 01-25-2007, 02:28 AM
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Join Date: Jan 2007
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I have noticed that posts in this forum will not garner a response for two reasons (imo)

1. The OP is so unncomprehensive, arcane or simply "out there" that taking the time to read alone has taken time that is now wasted....

or

2. It has touched a legal "nerve" that could lay inference of unethical or unlawful actions to one of the "family" if a response is made.


I have experienced the fraternity of atty's in my community, with the sudden full schedules or not seeking new clients response, when Legal Malpractice or fraud is mentioned. I had assumed that it was due to the small 2 county area I reside in and the frequency of encountering the same judge or atty in the future. It seems this unstated, yet understood, doctrine of "You dont speak against the Family" is universal. I will speculate I will get at least one response that says, "You're right, your post falls under your first definition. That's why!" or something to the same interpretation. Thanks in advance.

Last edited by mjcrules; 01-25-2007 at 02:29 AM. Reason: sentence structure
  #4  
Old 01-25-2007, 05:48 PM
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Join Date: Aug 2004
Location: Central Florida
Posts: 4,715
Quote:
Originally Posted by mjcrules View Post
I have noticed that posts in this forum will not garner a response for two reasons (imo)

1. The OP is so unncomprehensive, arcane or simply "out there" that taking the time to read alone has taken time that is now wasted....

or

2. It has touched a legal "nerve" that could lay inference of unethical or unlawful actions to one of the "family" if a response is made.


I have experienced the fraternity of atty's in my community, with the sudden full schedules or not seeking new clients response, when Legal Malpractice or fraud is mentioned. I had assumed that it was due to the small 2 county area I reside in and the frequency of encountering the same judge or atty in the future. It seems this unstated, yet understood, doctrine of "You dont speak against the Family" is universal. I will speculate I will get at least one response that says, "You're right, your post falls under your first definition. That's why!" or something to the same interpretation. Thanks in advance.
You did get a good response- you were advised that you should discuss the problem with your attorney. Have you done so, and if you have, what is your attorney's opinion?

I'm from a small county and I fully understand what you are talking about when you mention fraud or malpractice- the attornies are scared to death of the Judges (at least in Highlands and Polk counties). But other than getting a new attorney and filing complaints with the bar, there isn't much you can do, sorry.
  #5  
Old 01-25-2007, 08:14 PM
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Join Date: Jan 2007
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Thumbs up

Due to events occurring in OP we mutually decided to terminate our atty/client relationship. Hence the statement of local atty's almost leaving skidmarks in retreat when fraud or malpractice is simply inquired of.

I just found it strange how an agreement incorporated into the final dissolution seemed to disappear frequently from the Court records and why the case number would change. The cynic in me thinks is possible case number was mistakenly labeled to conceal the Notice of Filing of an agreement that was incorporated into the final ruling 6 months prior. Could just be clerical error(s), but the frequency they occurred seemed rather improbable to me (but I am not in a court room everyday so maybe it does happen?? )
  #6  
Old 01-25-2007, 08:35 PM
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Quote:
Originally Posted by mjcrules View Post

2. It has touched a legal "nerve" that could lay inference of unethical or unlawful actions to one of the "family" if a response is made.
You do realize that most of the posters here are NOT attorneys, right? So speculation #2 is pretty much moot.
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  #7  
Old 01-25-2007, 09:09 PM
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Thanks for the response...things are much clearer now.
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