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  #1  
Old 08-17-2006, 11:54 AM
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Join Date: Aug 2006
Posts: 9

Can I sue ex's lawyer for botched divorce/?


What is the name of your state? Mo

I had to have 1st divorce decree thrown out for botched paperwork from ex's lawyer. Had about 10 things wrong in it. Went back to court with new Lawyer and had it thrown out for so many mistakes. But to get it thrown out, I had to pay her lawyer fees which were $4900 and then pay mine and start the divorce all over again. I reported him to the ethics commission but they didn't do anything because it was thrown out. Can I file suit against him to get my money back as a civil case and have him pay some on having to refile and for the money it cost me for my lawyer? I know that it would be hard to find a lawyer who would sue another lawyer.

Thank youWhat is the name of your state?
  #2  
Old 08-17-2006, 01:38 PM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,755
Quote:
Originally Posted by bodyman1
What is the name of your state? Mo

I had to have 1st divorce decree thrown out for botched paperwork from ex's lawyer. Had about 10 things wrong in it. Went back to court with new Lawyer and had it thrown out for so many mistakes. But to get it thrown out, I had to pay her lawyer fees which were $4900 and then pay mine and start the divorce all over again. I reported him to the ethics commission but they didn't do anything because it was thrown out. Can I file suit against him to get my money back as a civil case and have him pay some on having to refile and for the money it cost me for my lawyer? I know that it would be hard to find a lawyer who would sue another lawyer.

Thank youWhat is the name of your state?
Why did you pay your ex's attorney anything? You should not have done that. The only one who can sue your ex's attorney is his client -- your ex. The ex's attorney owes you nothing. You have no standing to sue him. You should not have paid him but that was your choice.
  #3  
Old 08-17-2006, 02:24 PM
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Join Date: Aug 2006
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Can I sue ex's lawyer for botched divorce?


Quote:
Originally Posted by Ohiogal
Why did you pay your ex's attorney anything? You should not have done that. The only one who can sue your ex's attorney is his client -- your ex. The ex's attorney owes you nothing. You have no standing to sue him. You should not have paid him but that was your choice.
It was ordered by the judge so I had to or be in contempt.
  #4  
Old 08-17-2006, 07:42 PM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,755
Quote:
Originally Posted by bodyman1
It was ordered by the judge so I had to or be in contempt.
Then the time to argue that payment would have been at the original hearing OR in an appeal within the appropriate time period. You can't sue him because you were ordered by a judge to pay him.
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