Lawyer didn't do what was told

[citron2k1]

What is the name of your state (only U.S. law)? Iowa

Ok so I have this predicament, my brother was going through a divorce because his wife cheated on him with some other guy. Anyway, he hired a lawyer to take care of all the legal proceedings. The lawyer's office secretary called him to come down and sign the divorce decree. So my brother calls me up to go down to the lawyer's office to read over the decree to make sure that everything he wanted was in the decree. Everything looked good until we didn't see any stipulations for the house they had bought. What I mean is, she pretty much got everything. She got the car, the house, and all the furnishings. For the house, they did a quit claim to deed on it. Which means that, she would own the house, his name would be taken off the deed, but his name would still be on the loan.

We told the lawyer that, that would be okay as long as there was something in the decree that stated she would have to either refinance or sell the house in 6 mos to a year. So for as long as his name is on this loan, he is legally still financially responsible for the house. Which also means that he cannot purchase anything for himself because of his debt to income ratio (being tied to this house).

Ok back to the decree. When we realized that there were no stipulations for the house, we told the lawyer that he needed to revise the decree. He claimed to have done it, but after a month later, my brother received a copy of the final divorce decree in the mail. The decree was never revised like he claimed he would have done. It looks like the same exact copy as the first one we looked at. Now, the a*hole lawyer won't return any of my brother's phone calls. There always seem to be some excuse that he is out of the office. I've even gone down to the office with my brother and he's not there. So I don't know what else to do here. Do I advise him to get a lawyer to sue his lawyer? Keep in mind that this lawyer knows a lot of judges and I'm sure he has a lot of lawyer colleagues. Is there like a board of directors for lawyers that we can contact? or someone we can complain to? Any feedback would be helpful. Thanks guys.

 

[Perky]

If you want to file a complaint:

Complaints of Unethical Conduct by an Attorney

http://www.iowabar.org/information.nsf/2b85a4ea12f4bfac8625669d006e27ab/a9d25b7802e820ef8625706f00169586!OpenDocument

 

[tranquility]

I would try to fix things and not worry about starting new problems. Your brother signed something with the present, legally-binding, verbage. He claims there was some verbal agreement with his attorney to make it different. A signed writing will almost always trump a verbal claim.

Have brother send a letter about what he wants. He should be prepared to pay for the representation but may get a discount if he can convince the attorney there was an error in communication. He can go to another attorney but it will assuredly be more expensive. Because the decree is final, it may not be possible to change it.

 

[citron2k1]

@perroloco2 thanks man, I really appreciate the links.

I would try to fix things and not worry about starting new problems. Your brother signed something with the present, legally-binding, verbage. He claims there was some verbal agreement with his attorney to make it different. A signed writing will almost always trump a verbal claim.

Yeah that makes sense. I told my brother that he should've never signed the decree until it looked right. Hence, why I am going with him on any other visits to seeing his lawyer.

He can go to another attorney but it will assuredly be more expensive. Because the decree is final, it may not be possible to change it.

That is what I was afraid of.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Iowa

Ok so I have this predicament, my brother was going through a divorce because his wife cheated on him with some other guy. Anyway, he hired a lawyer to take care of all the legal proceedings. The lawyer's office secretary called him to come down and sign the divorce decree. So my brother calls me up to go down to the lawyer's office to read over the decree to make sure that everything he wanted was in the decree. Everything looked good until we didn't see any stipulations for the house they had bought. What I mean is, she pretty much got everything. She got the car, the house, and all the furnishings. For the house, they did a quit claim to deed on it. Which means that, she would own the house, his name would be taken off the deed, but his name would still be on the loan.

We told the lawyer that, that would be okay as long as there was something in the decree that stated she would have to either refinance or sell the house in 6 mos to a year. So for as long as his name is on this loan, he is legally still financially responsible for the house. Which also means that he cannot purchase anything for himself because of his debt to income ratio (being tied to this house).

Ok back to the decree. When we realized that there were no stipulations for the house, we told the lawyer that he needed to revise the decree. He claimed to have done it, but after a month later, my brother received a copy of the final divorce decree in the mail. The decree was never revised like he claimed he would have done. It looks like the same exact copy as the first one we looked at. Now, the a*hole lawyer won't return any of my brother's phone calls. There always seem to be some excuse that he is out of the office. I've even gone down to the office with my brother and he's not there. So I don't know what else to do here. Do I advise him to get a lawyer to sue his lawyer? Keep in mind that this lawyer knows a lot of judges and I'm sure he has a lot of lawyer colleagues. Is there like a board of directors for lawyers that we can contact? or someone we can complain to? Any feedback would be helpful. Thanks guys.

Did your brother sign off on this decree? Did he sign the "wrong" decree. If so then he is the cause of his own problems.

 

[citron2k1]

^^^ No he signed the first decree not realizing that there was no stipulations regarding the house. His lawyer realized he forgot to include that in the decree and said that he would revise it.

Update: His lawyer called him back and said that the reason he never revised it was because he spoke to her lawyer who had said that she (ex-wife) was going to refinance on the house. This is an out right lie because my brother had spoken with his ex-wife who had said that she couldn't afford to do a refinance on the house. Furthermore, even if it were true, why in the world would his lawyer go based off of what the other lawyer said. This lawyer is a complete moron. Anyone with common sense knows that you need everything down on paper.

Edit: I forgot to include that he did say he would try to appeal it. I guess we gotta sit back and see what happens. We're definitely not going to be holding our breaths.

 

[Ohiogal]

^^^ No he signed the first decree not realizing that there was no stipulations regarding the house. His lawyer realized he forgot to include that in the decree and said that he would revise it.
.

Your brother is to blame. HE should have read the first decree BEFORE he signed it. He is an adult and is responsible for what he signs. If he had that conversation with his lawyer then he should have VOIDED out the one he signed. Basically by destroying it before he left the office. That is a big issue. Now is your brother incompetent? Does he have a guardian?

 

[Bali Hai]

Your brother is to blame. HE should have read the first decree BEFORE he signed it. He is an adult and is responsible for what he signs. If he had that conversation with his lawyer then he should have VOIDED out the one he signed. Basically by destroying it before he left the office. That is a big issue. Now is your brother incompetent? Does he have a guardian?

I can't help but wonder what your answer would be if it were the WIFE who signed something with the expectation that the lawyer would correct the error and later discovered that she had been scammed??

I'm quite sure the lawyer would bend over backwards to fix it.

Furthermore, if the roles were reversed, counsel for the wife would NEVER have taken her husbands WORD that he would refinance.

Apparantly attorney's feel that a woman's WORD is better than a man's??

 

[Ohiogal]

I can't help but wonder what your answer would be if it were the WIFE who signed something with the expectation that the lawyer would correct the error and later discovered that she had been scammed??

I'm quite sure the lawyer would bend over backwards to fix it.

Furthermore, if the roles were reversed, counsel for the wife would NEVER have taken her husbands WORD that he would refinance.

Apparantly attorney's feel that a woman's WORD is better than a man's??

Bali I would be saying the same thing to the WIFE. I have said the same thing to women that I have to men -- look at all my posts. I have been accused of hating men, women, custodial parents, Non custodial parents, stepfathers, stepmothers, and being biased for and against each and every group of the above.

The issue is quite simple -- people are to READ things before they sign them. If they disagree with the terms contained then they do NOT SIGN the contract/decree/legal document. Plain and simple. Brother should never have signed it if he disagreed with it. I don't take people's words that their client will do anything. If that is the case and they will follow through, then it should go in the decree because they are going to do it anyway.


ETA: Welcome back Bali. I missed your posts!

 

[Bali Hai]

Bali I would be saying the same thing to the WIFE. I have said the same thing to women that I have to men -- look at all my posts. I have been accused of hating men, women, custodial parents, Non custodial parents, stepfathers, stepmothers, and being biased for and against each and every group of the above.

The issue is quite simple -- people are to READ things before they sign them. If they disagree with the terms contained then they do NOT SIGN the contract/decree/legal document. Plain and simple. Brother should never have signed it if he disagreed with it. I don't take people's words that their client will do anything. If that is the case and they will follow through, then it should go in the decree because they are going to do it anyway.


ETA: Welcome back Bali. I missed your posts!

Hello from Jakarta OG.

I've kept up to date with your posts OG and you know me, I'm the devil's advocate!

I'll try to be a kinder and gentler Bali Hai lest someone gets rubbed the wrong way again.

 

[Ohiogal]

Hello from Jakarta OG.

I've kept up to date with your posts OG and you know me, I'm the devil's advocate!

I'll try to be a kinder and gentler Bali Hai lest someone gets rubbed the wrong way again.

Sweetie you only ever rub me the right way.


Yep you are the devil's advocate and JAKARTA? Color me jealous. When you get to my neck of the woods look me up. We'll do dinner.

 

[cyjeff]

Sweetie you only ever rub me the right way.


Yep you are the devil's advocate and JAKARTA? Color me jealous. When you get to my neck of the woods look me up. We'll do dinner.

Sniff...

Now I am jealous.

 

[Ohiogal]

Sniff...

Now I am jealous.

Jeffy dear, you can always look me up if you get to Ohio as well. I'd have dinner with you. There are a few on that list that I would meet. And others I would only meet carrying my weapon and after heavy practice at the range.