Attorney Never Got Documents

[faw11]

What is the name of your state (only U.S. law)? Penna.
My attorney never received all the subpoenaed documents from my exs 401k plan. The plan administrator for my exs 401k said it was not possible to get 401k statements prior to 1990,we needed all the 401k documents from 1983.I have spoken with numerous CPA(s), and people from investment firms, and everyone tells me the records are available.Everyone says the 401k plan administrator was wrong.My attorney never pursued these subpoenaed documents, and accepted the plan administrators word that these documents were not available. My attorney also filed a "Production of Documents" request with my exs attorney/courts for my ex to produce other crucial financial documents. My ex never produced these documents, and my attorney never pursued these documents. I know my ex committed fraud, and I am pretty sure my lawyers actions/lack of action is grounds for legal malpractice.I really do not want to pursue my attorney,I think my attorney actually tried his best,but got in over his head.I told my attorney my ex was a master at manipulating people and to be careful.What can I do now? The trial and all appeals are over, without these documents I can not show my ex manipulated 600,000.00 from the 401k.I am being forced to sell our marital house to get my ex her share of the equity, I am being forced into bankruptcy, I will not have a place to live, my credit has been destroyed.I would prefer to just expose my exs fraud, and I would be OK financially.I might have to pursue restitution from my attorney if I can not get the documents my attorney should have gotten.Otherwise I will be bankrupt, penniless, no credit, etc. I should have no debt, 300,000.00 in my 401k, and receive 3000.00 monthly alimony, but that is not the case. What can I do ?

[garrula lingua]

You wanted documents which were MORE than 25 years old ???

I don't know a divorce Judge who would sit through a hearing regarding disputed income from more than 25 years ago.
What was the proof regarding relevance to the current property division ?
How lengthy was the marriage ?
Were you trying to get her separate property in the divorce ?

Sorry, but you sound more than a bit crazy and obsessed.

I presume the Judge ruled on the issue of alimony - get over it.

Judges have wide discretion regarding the issue of alimony; it is very hard to prove they abused that discretion.

You are responsible for your life (and your income), so get on with it, and put the whole divorce behind you.

[dave33]

If you have exhausted all avenues of the appeals process, you do not have many options at all. Attorney malpractice is extremely hard to prove. Even in situations where people thought they have proven a case, in my state they rarely get a favorable judgement. Even if what you say is true, it does not sound like a strong case. I think if you did even a small amount of research into atty. malprctc. in your state you would be surprised at the decisions. I also doubt very highly if you could find an atty. to take the case, even if you could they would not accept it on a contingency basis. It would take a lot of money to fight a case you would almost certainly lose. Wish I had better news, although as they say "anythings possible". Goodluck.

[Ohiogal]

Seriously. YOu are all over the place. You have posted in other forums that you have no need for any money and that your ex is going to go bankrupt. So you are lying somewhere. Care to actually be truthful somewhere?

10-15-2009, 05:11 AM
My ex is declaring bankruptcy to get out of paying me the court ordered settlement, no kids or alimony involved.I do not need the money,I am very well off,my ex does need the money.Will my ex be able to do this?

10-15-2009, 04:32 AM
My ex is filing chapter 13.Can my ex discharge the court ordered settlement that is due me. I am very well off financially, do not need any money.

You are either posting as both sides, you are fishing, or you are out and out LYING. Which is it?

[garrula lingua]

Uh-oh,
don't mess with OG - she's too smart.

She pegged you, very quickly.

Your pants are on fire.

[Ohiogal]

Originally Posted by garrula lingua

Uh-oh,
don't mess with OG - she's too smart.

She pegged you, very quickly.

Your pants are on fire.

Actually someone in family law caught this before I did.