SetupToFail
Junior Member
What is the name of your state (only U.S. law)? California
I'll give the rundown in bullet form, to make this easy:
*Had a consultation with Atty A over the phone. Decided to retain him and go into the office the following morning to sign papers.
*That night, was served with papers from my ex...represented by Atty A.
*Called Atty A, explained what happened, and the reaction was, "Oh, that's a problem".
*I assumed Atty A would withdraw from the case. He did not.
*Retained Atty B
*Atty B told me NOT to report the ethical violation of Atty A, saying that it would cost me a fortune and would cause all sorts of delays in my divorce. He was adamant.
*I figured that Atty A would be professional with the information I shared.
*Had a family lunch with my ex and two adult daughters. (many months later)
*Ex says that Atty A and he "had a great laugh over the fact that I had a consultation with him after he had already been retained by [my ex]" (Obviously Atty A was not professional with the information)
*Atty B gets angry at me for suggesting I ask Atty A to withdraw. He is very aggressive and I was afraid of him. The threats were very frightening to me. Atty B said that if I reported Atty A, it would delay things by years, and would cost me another 10K.
*My ex broke atros many times. I asked Atty B to file contempt charges. He refused.
*My ex destroyed my things (I have proof in photos and witnesses). I gave detailed lists to Atty B.
*My ex hid money in bank accounts he did not disclose. I supplied acct numbers to Atty B.
*My ex canceled my auto insurance, and I was in an accident (now with no coverage). My insurance company supplied a letter saying that my ex did indeed remove me from the policy. I shared that letter with Atty B.
*I was in a motorcycle accident and lost my career (newly certified personal trainer). I went back to school under the Department of Rehab program. I cannot work (contract with the State of California).
*My ex (of nearly 10 years) make 170K (as of 2010).
*Trial commenced after FOUR years of delays and lack of my ex showing up to the few attempts at settlement conferences.
*We were offered no mediation.
*My attorney (Atty B) never consulted me about how he and Atty A came up with spousal support. I was just "informed" of the amount. He refuses to give me the information as to how long I will get it (even now that the trial is over). The amount I was awarded (2K) makes me have to live on my cousin's couch. After taxes, that's only about 1200 a month. Insurance (auto, medical) brings that to about 500 a month. Obviously, not enough to live on. I have lupus and heart issues, and have had to d/c my medications as I cannot afford them.
*The judgment written by the judge says that my attorney (Atty B) neglected to file the proper paperwork, so my attorneys fees were denied. (I have paid over 4K, and there is almost 9K in balance.)
*The judgment written by the judge says that my attorney (Atty B) neglected to give value to the destroyed items, and while it was proven that my ex did indeed do these things, any compensation was denied.
*In the judgment, the house value was listed higher than it actually is. I had provided proof of value to my attorney, but now he says that if I want to revisit that, it will cost me a new retainer (and I have to pay the over 8K balance first). This will result in me getting quite a bit less in the settlement.
*I told my attorney that I cannot live on the spousal support, and will have to drop out of school, and he says that if I want to revisit that, I have to pay off my balance and retain him anew.
*The lawyer did not bring up many, many things that were on the table. Loss of property, etc. Apparently, the list he gave of missing and destroyed items was only partial. I have never seen what he has turned in to the court.
*In fact, I have never seen ANY documents turned in--by Atty B (mine) or Atty A (ex's). I asked how the judgment numbers and items were determined, and Atty B (mine) said that it was all submitted at the trial, and "that's what trials are for". I never saw ONE submitted paper from anyone.
*While the hidden accounts were brought up in court, they were ignored by the judge. My atty said that the judge would issue the subpoena to the bank. I repeatedly asked him (my atty) during the time leading up to the trial, to issue the subpoena, but he refused. (Even with proof of the numbers!)
*Atty B is very aggressive, and told me once, after he yelled at me in the courtroom halls (for something he later laughed about and said it wasn't my fault after all) that he often uses his size and loudness to intimidate people. It works. I have been terrified of him.
*Atty A will be writing the judgment.
It is obvious to me that my attorney (B) did absolutely nothing for my case. The judge even said as much in his writings. I found out that he (my atty) is moving out of state and is trying to get rid of his cases asap. I assume he is trying to build the career of Atty B, and threw me under the bus.
What can I do? I am emotionally spent (and financially, too). My daughter just graduated law school (Pepperdine) and she spoke to an instructor about this, who advised that I seek advice from a legal malpractice lawyer and file complaints with the bar. It's all so "much", it's overwhelming.
Thank you for reading this. I know that your time is valuable and in short supply. I would greatly appreciate any help...
I'll give the rundown in bullet form, to make this easy:
*Had a consultation with Atty A over the phone. Decided to retain him and go into the office the following morning to sign papers.
*That night, was served with papers from my ex...represented by Atty A.
*Called Atty A, explained what happened, and the reaction was, "Oh, that's a problem".
*I assumed Atty A would withdraw from the case. He did not.
*Retained Atty B
*Atty B told me NOT to report the ethical violation of Atty A, saying that it would cost me a fortune and would cause all sorts of delays in my divorce. He was adamant.
*I figured that Atty A would be professional with the information I shared.
*Had a family lunch with my ex and two adult daughters. (many months later)
*Ex says that Atty A and he "had a great laugh over the fact that I had a consultation with him after he had already been retained by [my ex]" (Obviously Atty A was not professional with the information)
*Atty B gets angry at me for suggesting I ask Atty A to withdraw. He is very aggressive and I was afraid of him. The threats were very frightening to me. Atty B said that if I reported Atty A, it would delay things by years, and would cost me another 10K.
*My ex broke atros many times. I asked Atty B to file contempt charges. He refused.
*My ex destroyed my things (I have proof in photos and witnesses). I gave detailed lists to Atty B.
*My ex hid money in bank accounts he did not disclose. I supplied acct numbers to Atty B.
*My ex canceled my auto insurance, and I was in an accident (now with no coverage). My insurance company supplied a letter saying that my ex did indeed remove me from the policy. I shared that letter with Atty B.
*I was in a motorcycle accident and lost my career (newly certified personal trainer). I went back to school under the Department of Rehab program. I cannot work (contract with the State of California).
*My ex (of nearly 10 years) make 170K (as of 2010).
*Trial commenced after FOUR years of delays and lack of my ex showing up to the few attempts at settlement conferences.
*We were offered no mediation.
*My attorney (Atty B) never consulted me about how he and Atty A came up with spousal support. I was just "informed" of the amount. He refuses to give me the information as to how long I will get it (even now that the trial is over). The amount I was awarded (2K) makes me have to live on my cousin's couch. After taxes, that's only about 1200 a month. Insurance (auto, medical) brings that to about 500 a month. Obviously, not enough to live on. I have lupus and heart issues, and have had to d/c my medications as I cannot afford them.
*The judgment written by the judge says that my attorney (Atty B) neglected to file the proper paperwork, so my attorneys fees were denied. (I have paid over 4K, and there is almost 9K in balance.)
*The judgment written by the judge says that my attorney (Atty B) neglected to give value to the destroyed items, and while it was proven that my ex did indeed do these things, any compensation was denied.
*In the judgment, the house value was listed higher than it actually is. I had provided proof of value to my attorney, but now he says that if I want to revisit that, it will cost me a new retainer (and I have to pay the over 8K balance first). This will result in me getting quite a bit less in the settlement.
*I told my attorney that I cannot live on the spousal support, and will have to drop out of school, and he says that if I want to revisit that, I have to pay off my balance and retain him anew.
*The lawyer did not bring up many, many things that were on the table. Loss of property, etc. Apparently, the list he gave of missing and destroyed items was only partial. I have never seen what he has turned in to the court.
*In fact, I have never seen ANY documents turned in--by Atty B (mine) or Atty A (ex's). I asked how the judgment numbers and items were determined, and Atty B (mine) said that it was all submitted at the trial, and "that's what trials are for". I never saw ONE submitted paper from anyone.
*While the hidden accounts were brought up in court, they were ignored by the judge. My atty said that the judge would issue the subpoena to the bank. I repeatedly asked him (my atty) during the time leading up to the trial, to issue the subpoena, but he refused. (Even with proof of the numbers!)
*Atty B is very aggressive, and told me once, after he yelled at me in the courtroom halls (for something he later laughed about and said it wasn't my fault after all) that he often uses his size and loudness to intimidate people. It works. I have been terrified of him.
*Atty A will be writing the judgment.
It is obvious to me that my attorney (B) did absolutely nothing for my case. The judge even said as much in his writings. I found out that he (my atty) is moving out of state and is trying to get rid of his cases asap. I assume he is trying to build the career of Atty B, and threw me under the bus.
What can I do? I am emotionally spent (and financially, too). My daughter just graduated law school (Pepperdine) and she spoke to an instructor about this, who advised that I seek advice from a legal malpractice lawyer and file complaints with the bar. It's all so "much", it's overwhelming.
Thank you for reading this. I know that your time is valuable and in short supply. I would greatly appreciate any help...
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