Can a lawyer who completely screwed his client give a refund in exchange for silence?

[Zigner]

This was my 2nd post. How am I trolling?

This was your first post - explain the discrepancy (https://forum.freeadvice.com/legal-ethics-lawyer-malpractice-89/conflict-interest-ny-620668.html):

New York, NY

A divorce lawyer and his wife were friends with my wife and I. Not too long ago, we were waiting with our kids on line to see Santa Claus and I discussed bankruptcy options with him, whether it was worth it to get divorced to declare bankruptcy, when he said no and that I could get 7 years in jail for it I asked him about other options. He gave me a referral to a bankruptcy attorney he was a friend of.

Truth be told, I wasn't a huge fan of his and I don't think he was a huge fan of mine. Nevertheless, he knows personal things about me, such as the nature of my debt and that I was thinking about getting divorced to avoid ruining my wife's financial future, especially since one of us needed to have decent credit to move ahead.

Is this a conflict of interest? It was certainly not a routine consultation, but he gave me advice and a referral. His firm is now representing my wife and I'm getting killed, she has control of our assets which are admittedly minimal.

 

[justalayman]

This was my 2nd post. How am I trolling? Don't be scum. There are people who are legitimately hurt by bad lawyers.

the Op from one of the OP's other threads:

DivorceHell DivorceHell is online now
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Conflict of Interest- NY
New York, NY

A divorce lawyer and his wife were friends with my wife and I. Not too long ago, we were waiting with our kids on line to see Santa Claus and I discussed bankruptcy options with him, whether it was worth it to get divorced to declare bankruptcy, when he said no and that I could get 7 years in jail for it I asked him about other options. He gave me a referral to a bankruptcy attorney he was a friend of.

Truth be told, I wasn't a huge fan of his and I don't think he was a huge fan of mine. Nevertheless, he knows personal things about me, such as the nature of my debt and that I was thinking about getting divorced to avoid ruining my wife's financial future, especially since one of us needed to have decent credit to move ahead.

Is this a conflict of interest? It was certainly not a routine consultation, but he gave me advice and a referral. His firm is now representing my wife and I'm getting killed, she has control of our assets which are admittedly minimal.

There is no blanket answer to; it is better to be divorced regarding bankruptcy. What it appears you were talking about is getting divorced to commit fraud in some way.

 

[DivorceHell]

oh bs. At that moment you would have still had $75k in your pocket

how could your attorney threaten jail? First, he isn't a cop or prosecutor is he? If not, then he may have advised you jail might be possible for some undisclosed matter, he cannot in fact threaten jail. Second, when you stood in front of the judge and you told the judge you had to sign the agreement as there would be some collapse of the world as we know it if you did not sign and your own attorney said; COULD, not WOULD, you didn't take the opportunity to look at your attorney and go;

say what? that is not what you said to me previously.

at that point the judge would be remiss to accept the agreement as it was apparent there was an issue that allowed you to freely enter into the agreement.

I'm not a lawyer. We both took it as "would." Our lawyer expressly told us to get that settlement signed and frightened us into doing it without even bothering to read it since he didn't know the terms of the settlement when push came to shove.

I defaulted. I didn't have 75k in my pocket. Once the judge awarded the landlord his attorney fees (which seem completely ridiculous, no?) we had to pay him. We had 75k in the bank from fastidiously saving every penny we could in order to start our family. The bun was in the oven.

I take full blame for defaulting on the settlement. It's my fault, and frankly, that has a ton to do with the reason for the divorce.

But it's a case that the Landlord Tenant law in NYC clearly said we should win. When the landlord hired the most expensive firm in the world to represent him, we had to hire someone we thought was comparable. After all, we expected to win. Why? Because the law was on our side.

Hah.

Not if our lawyer wasn't on our side. Which is why I'm asking if there's ANYTHING I can do at this point.

If there is, there's hope for me, for us, for me to be under the same roof as my little boy. That's all I want in the world. The only thing. Not money, not revenge, just to be with my son (and to a lesser extent, my wife) and for him not to grow up in a broken home from the time that he's 6 months old.

If not, short of the Powerball, I will need years and years and years to come close to ever building that kind of savings again.

I probably should have made that clear in the beginning. I am bitter as hell. Yes. I surely am. I miss my son. If any of you are parents, imagine having your baby taken away from you and seeing him 2x a week b/c your wife hates you. You'd be bitter too.

 

[DivorceHell]

the Op from one of the OP's other threads:




There is no blanket answer to; it is better to be divorced regarding bankruptcy. What it appears you were talking about is getting divorced to commit fraud in some way.

I truly apologize for not being completely forthright in my previous post. I wanted an answer without posting my life's story on the internet. There's not a lot I WOULDN'T do to get my family back and as most divorced people know, you don't get divorced over the course of a month.

So I truly, truly apologize for asking a hypothetical in my previous post. I did ask her lawyer about bankruptcy before we paid.

All I want is an answer. Not judgment. It seems I'll get the latter instead of the former.

Thanks all.

 

[Zigner]

I truly apologize for not being completely forthright in my previous post. I wanted an answer without posting my life's story on the internet. There's not a lot I WOULDN'T do to get my family back and as most divorced people know, you don't get divorced over the course of a month.

So I truly, truly apologize for asking a hypothetical in my previous post. I did ask her lawyer about bankruptcy before we paid.

All I want is an answer. Not judgment. It seems I'll get the latter instead of the former.

Thanks all.

You seem to make a habit of trying to steer the conversation away from reality in order to support your own opinion.

 

[tranquility]

Finally, I'm talking about the "sign the settlement agreement or you and your wife will go to jail." The other part is simply a question. Threatened with jail and being hit with a full penalty (which happened anyway) by your own attorney isn't duress? Then what is?

The other party would have to be the one putting you under duress (or his agent). Your attorney was not who the settlement agreement was with. Besides, maybe you and your wife would have gone to jail if you didn't sign. I don't know the facts of what the underlying issues are. If you were accused of intentionally damaging the rental and the settlement for money was in lieu of charging you criminally and seeking restitution, your lawyer may very well have been just telling you the facts.

 

[tranquility]

Once the judge awarded the landlord his attorney fees (which seem completely ridiculous, no?) we had to pay him.

This was probably sourced from a clause in the rental agreement/lease.

 

[justalayman]

DivorceHell;3382656]I'm not a lawyer. We both took it as "would." Our lawyer expressly told us to get that settlement signed and frightened us into doing it without even bothering to read it since he didn't know the terms of the settlement when push came to shove.

that's my point. You understood it to be would but then the attorney corrected you and clarified it to mean could. That was your time to take issue with the agreement since your acceptance was premised on the fact it WOULD result in the negative actions.

I defaulted. I didn't have 75k in my pocket. Once the judge awarded the landlord his attorney fees (which seem completely ridiculous, no?) we had to pay him. We had 75k in the bank from fastidiously saving every penny we could in order to start our family. The bun was in the oven.

but at the point we are talking about no judgment had been rendered which means you still had $75k in your pocket. You say: stop and you still had $75k in your pocket. You say: I need to speak to my "attorney" (as you indicated it in your original post). I was under the belief this or that WOULD happen. Now I am being told it could so I need to reassess the situation.

I take full blame for defaulting on the settlement. It's my fault, and frankly, that has a ton to do with the reason for the divorce.

hold it, awhile back you were blaming it on yuor "attorney". and since we're here, what the Hell is an "attorney". Either it was an attorney or it was somebody that should not have been representing you.

But it's a case that the Landlord Tenant law in NYC clearly said we should win. When the landlord hired the most expensive firm in the world to represent him, we had to hire someone we thought was comparable. After all, we expected to win. Why? Because the law was on our side.

the most expensive firm in the world? Um, not much for exaggeration are you?



.

Which is why I'm asking if there's ANYTHING I can do at this point.

yep.

If there is, there's hope for me

probably not

for us, for me to be under the same roof as my little boy.

what the Hell does that have to do with any of this?

If not, short of the Powerball, I will need years and years and years to come close to ever building that kind of savings again.

You the largest percentage of the US population

If any of you are parents, imagine having your baby taken away from you and seeing him 2x a week b/c your wife hates you. You'd be bitter too.

yet you said this:

hat's all I want in the world. The only thing. Not money, not revenge, just to be with my son (and to a lesser extent, my wife)

so you're a masochist but not totally committed to it is what you're saying?

 

[DivorceHell]

This is the exact wording of the email I got from my attorney when I said that I had problems with the wording of the settlement and what would happen if I didn't return it.

"If we don't get back the agreement they may get money judgment for full amount and they will probably move for criminal and civil contempt of court against both you and your wife. That could result in fine and/or imprisonment."

 

[Zigner]

This is the exact wording of the email I got from my attorney when I said that I had problems with the wording of the settlement and what would happen if I didn't return it.

"If we don't get back the agreement they may get money judgment for full amount and they will probably move for criminal and civil contempt of court against both you and your wife. That could result in fine and/or imprisonment."

Wow, if that's all you've got, then you've got NOTHING. NOWHERE did the attorney say that it WOULD result in jail. In fact, the attorney went to great lengths to explain to you, his client, all possible ramifications of your decision.

 

[DivorceHell]

that's my point. You understood it to be would but then the attorney corrected you and clarified it to mean could. That was your time to take issue with the agreement since your acceptance was premised on the fact it WOULD result in the negative actions.
but at the point we are talking about no judgment had been rendered which means you still had $75k in your pocket. You say: stop and you still had $75k in your pocket. You say: I need to speak to my "attorney" (as you indicated it in your original post). I was under the belief this or that WOULD happen. Now I am being told it could so I need to reassess the situation.


hold it, awhile back you were blaming it on yuor "attorney". and since we're here, what the Hell is an "attorney". Either it was an attorney or it was somebody that should not have been representing you.



the most expensive firm in the world? Um, not much for exaggeration are you?



. yep.

probably not

what the Hell does that have to do with any of this?


You the largest percentage of the US population

yet you said this:

so you're a masochist but not totally committed to it is what you're saying?

Got too much time on your hands pal?

A good attorney would have a) negotiated the settlement prior to sending it to me to be signed b) brought it up with the judge when the terms were deemed unacceptable c) known what the hell was in the settlement offer.

Let's just bear in mind that the landlord broke the law.

I defaulted on a settlement that should have never existed.

And obviously this is a lot easier for someone on the outside to criticize and mock than it is for a person who went into court with the law on his side, with a lawyer he originally believed to be a great investment, and a baby on the way. I wasn't the plaintiff (though I should have been.) My lawyer did a HORRIFIC job, which is why I posted this thread. Whatever else happened, that's the point of the thread.

My lawyer committed malpractice. Several times over. He didn't even send the notice to cure to us and claimed his "secretary called" when every single time there were any official papers, he'd scanned and sent them.

I wasn't well at all. I was extremely sick when I defaulted. Should I have gone to the bank anyhow and got a certified check? Yes, I should have. That's besides the point however. I am neither a masochist nor am I a bad person. The law was clearly on my side. I spent hours researching what my rights were, I spent hours emailing back and forth with my landlord about providing basic services and little things, you know, like heat and plumbing. He committed perjury on the stand on his fourth question.

This isn't about me. It's about a perversion of justice which was perpetrated by my attorney's negligence. That's it. I want to know if there's any recourse in a case so egregious that a judge would look at the documentation and say "are you kidding me?"

If my lawyer said "you may go to jail" I'd have said, "ok, but I'm not signing that goddamn thing." But he said "you and your wife" and my wife was pregnant. She wasn't going to jail and the fact is that my lawyer didn't read the agreement so he didn't explain a single part of the legalese to me. He just didn't show up for prep sessions before trial. He manipulated his two clients against each other so that he could get to his next case.

What the hell is so hard to understand? Forget the money. Forget everything else. Our lawyer committed malpractice and our life savings are gone. Why? Because he allowed certain clauses that stripped away our rights in a stipulation that went completely against our interests.

If it's too hard for you to understand, just shut up. All I want to know is if there's recourse.

 

[Zigner]

Got too much time on your hands pal?

uncalled for

A good attorney would have a) negotiated the settlement prior to sending it to me to be signed b) brought it up with the judge when the terms were deemed unacceptable c) known what the hell was in the settlement offer.

a) He did. b) His client accepted the terms. c) He did.

Let's just bear in mind that the landlord broke the law.

Irrelevant because those matters were settled through the settlement that you freely and willingly entered in to.

I defaulted on a settlement that should have never existed.

See above.

And obviously this is a lot easier for someone on the outside to criticize and mock than it is for a person who went into court with the law on his side, with a lawyer he originally believed to be a great investment, and a baby on the way. I wasn't the plaintiff (though I should have been.) My lawyer did a HORRIFIC job, which is why I posted this thread. Whatever else happened, that's the point of the thread.

The losing side of a court case often sounds like this.

My lawyer committed malpractice. Several times over. He didn't even send the notice to cure to us and claimed his "secretary called" when every single time there were any official papers, he'd scanned and sent them.

Careful there - you're defaming the guy.

I wasn't well at all. I was extremely sick when I defaulted. Should I have gone to the bank anyhow and got a certified check? Yes, I should have. That's besides the point however.

Hogwash. Simple communication would have solved that problem.

I am neither a masochist nor am I a bad person. The law was clearly on my side.

Yet you freely and willing entered in to a settlement.

I spent hours researching what my rights were, I spent hours emailing back and forth with my landlord about providing basic services and little things, you know, like heat and plumbing. He committed perjury on the stand on his fourth question.

Yet you freely and willingly entered in to a settlement.

This isn't about me. It's about a perversion of justice which was perpetrated by my attorney's negligence. That's it. I want to know if there's any recourse in a case so egregious that a judge would look at the documentation and say "are you kidding me?"

Not a chance in hell.

If my lawyer said "you may go to jail" I'd have said, "ok, but I'm not signing that goddamn thing." But he said "you and your wife" and my wife was pregnant. She wasn't going to jail and the fact is that my lawyer didn't read the agreement so he didn't explain a single part of the legalese to me. He just didn't show up for prep sessions before trial. He manipulated his two clients against each other so that he could get to his next case.

Huh? What two clients are you referring to?

What the hell is so hard to understand? Forget the money. Forget everything else. Our lawyer committed malpractice and our life savings are gone. Why? Because he allowed certain clauses that stripped away our rights in a stipulation that went completely against our interests.

Bitter.

If it's too hard for you to understand, just shut up. All I want to know is if there's recourse.

The more your talk the more I become convinced that you are simply bitter because you lost.

 

[tranquility]

If it's too hard for you to understand, just shut up. All I want to know is if there's recourse.

As I previously wrote:
"It seems you signed a contract. You can breach the contract, but, it is unlikely you would gain from any outside suits or issue resolution. "

 

[DivorceHell]

Wow, if that's all you've got, then you've got NOTHING. NOWHERE did the attorney say that it WOULD result in jail. In fact, the attorney went to great lengths to explain to you, his client, all possible ramifications of your decision.

If that's ALL I GOT?

How about the complete and utter lack of work on his part to show that the landlord's actions were completely illegal? To get his arguments thrown out based on the laws he broke and our right to give him notice that we were leaving due to his failure to provide heat and/or basic services? How about the emails/pictures/videos of harassing behavior, the police reports of him knocking on the window at 1am in the morning, you know, the stuff that would make people leave their home and move before their lease was over? Especially when their home (while an older apartment) is in Long Island City, steps away from the 7 train, has a huge backyard for their dog and is well suited in every fashion for them? Before the jerkoff landlord bought the building from the old landlord, the heat was fine, basic services were provided, all that needed to be done was done and the tenants weren't treated like ATM machines. The thermostat wasn't in a locked plastic box at 62 degrees in the middle of the winter. Sandbags weren't put down before Hurricane Sandy nearly destroyed the neighborhood. The landlord didn't even bother to check the property and charged us rent for the 19 days the power was out. He didn't even turn the boiler back on, he claimed he couldn't although that turned out to be a complete falsehood.

A family won't generally leave their home for no reason unless they're chased out. Especially when the wife is pregnant. We got that apartment literally 4 months before Long Island City became the new "It" town in NYC. It was the perfect place. Now the same apartment is going for 2 1/2 times the rent.

Landlords can't do what he did. THAT IS THE POINT. NOT WHAT HAPPENED AFTERWARDS.

He was paid a lot of money to do a job and he didn't do it. It's apparent at every turn of the case. He simply didn't do it. And he kept charging my card. That's MALPRACTICE.

Not the "sign the stip or you could go to jail." A lawyer is supposed to fight for your best interests. That was not the case.

So, forget EVERYTHING else. He committed malpractice. Do I have any recourse after "settling" for a refund after being promised 75% of the overall losses and then that amount being pulled back? Or no? ANSWER THE QUESTION OR SHUT UP.

Thank you.

 

[justalayman]

DivorceHell;3382678]Got too much time on your hands pal?

yes, yes I do.

My lawyer committed malpractice.

then quit bitchin and do something about it.

If my lawyer said "you may go to jail" I'd have said, "ok, but I'm not signing that goddamn thing."

then when you were standing in front of the judge and this exact conversation came about, you could have and apparently should have said; WAIT

If it's too hard for you to understand, just shut up.

well, to understand it you would have to explain what you are actually talking about. So far all I got is; I miss my kid, my wife hates me but I want her back; lawyers suck, landlords suck and I didn't read the agreement I signed.

All I want to know is if there's recourse

for the fourth time: maybe.