Remedies for breach in divorce a sham?

[Camelback]

What is the name of your state? California, LA County.
First, Thank you to the moderators and "sysops" that make this possible. What a service you are providing. This is my first post.

I have seen my friend and co-worker go through a divorce. He is the supporting spouse in a long term marriage where there are no children. Wife filed for the divorce. The discovery process revealed to him that for the last ten years of the marriage, wife had forged his signature on creidit card applications. Just before filing for divorce, she transferred those debts to their joint credit accounts where he was primanry cardholder, which were awarded to him. He tried to subpoena two other credit accounts where he thinks the same thing happened, and wife's attorney had blocked his access to those accounts with a letter directing the bank not to respond (they are out of state). Wife had also obtained checks made out to him from his credit union savings account, where she was joint owner, and forged his endorsement on the back. She was doing all this without his permission, to wit, his forged signautre.

When he pays the retainer, my friend informs counsel of these activities. He is then billed for many hours spent in routine office activities, memos, letters, telephone calls, inter-office discussions, etc., etc., and then cannot get any attention to these matters of his wife's activites on their funds. He has been through three law firms looking for meaningful representation and this has happened with all three firms. Meanwhile, he continues to pay alimony and she will get half his pension when he retires. He is 62 yrs old. Wife effectively "cleaned his clock", leaving him not only broke, but in heavy debt as well at separation. He would like to recover his share of the community property or his half of the pension, if he could.

My question is; is it acceptable for firms to spend most of a client's money on routine activities, and then take no action in his behalf when it really counts? Are the remedies in Family Code for real or are they just a sham?

[seniorjudge]

Originally Posted by Camelback

What is the name of your state? California, LA County.
First, Thank you to the moderators and "sysops" that make this possible. What a service you are providing. This is my first post.

I have seen my friend and co-worker go through a divorce. He is the supporting spouse in a long term marriage where there are no children. Wife filed for the divorce. The discovery process revealed to him that for the last ten years of the marriage, wife had forged his signature on creidit card applications. Just before filing for divorce, she transferred those debts to their joint credit accounts where he was primanry cardholder, which were awarded to him. He tried to subpoena two other credit accounts where he thinks the same thing happened, and wife's attorney had blocked his access to those accounts with a letter directing the bank not to respond (they are out of state). Wife had also obtained checks made out to him from his credit union savings account, where she was joint owner, and forged his endorsement on the back. She was doing all this without his permission, to wit, his forged signautre.

When he pays the retainer, my friend informs counsel of these activities. He is then billed for many hours spent in routine office activities, memos, letters, telephone calls, inter-office discussions, etc., etc., and then cannot get any attention to these matters of his wife's activites on their funds. He has been through three law firms looking for meaningful representation and this has happened with all three firms. Meanwhile, he continues to pay alimony and she will get half his pension when he retires. He is 62 yrs old. Wife effectively "cleaned his clock", leaving him not only broke, but in heavy debt as well at separation. He would like to recover his share of the community property or his half of the pension, if he could.

My question is; is it acceptable for firms to spend most of a client's money on routine activities, and then take no action in his behalf when it really counts? Are the remedies in Family Code for real or are they just a sham?

He has been through three law firms looking for meaningful representation and this has happened with all three firms


If you have been through three law firms, then you have not told us the whole story.

[Camelback]

(Calif) That's just it; he doesn't know why he can't get any attention to these matters. His first counsel arranged a meeting with a civil colleague, my friend and herself regarding the forged endorsement on the checks. They then told him to wait until the divorce was completed before he made any attempt to address the subject, and would not advise him further. The police told my friend that because a divorce was pending, the matter belongs in civil court. So he was stuck between these two jueisdictions. His next counsel proposed discovery that would have revealed who's signature was on the credit card applications. My friend received in the mail a letter from one of the creditors saying it would comply with his subpoena unless ordered otherwise by the court. After three months, my friend produced this letter to his counsel while asking where the answers to the subpoenas were. The firm asked him "where did you get that?" and gave him back the money he had paid for the subpoenas. His current counsel seems to be more responsive - they asked for copies of anythin he had to document these events. He has submitted the material and, lo and behold, they are getting very quiet. Two things I did not mention are; wife was working in the savings and loan industry for twenty years, and her counsel does have a public record of discipline for using money to influence the outcome of cases.

Are these ocurrences common in divorce cases?