Lawyer ex-husband blackmailing ex-wife...need suggestions

[drdna]

What is the name of your state? California

My Finance has a small problem with her ex-husband and I was hoping I could get a few suggestions on what the best route to take is.

A little background first.....
She was married for 3 years (in California) and was the main source of income while her husband looked for work as he was a recent grad from law school. During their 3 years he held only minor jobs while looking for work. She filed for divorce early last year and it was finalized in December last year. Her ex was very upset it was finalized before the start of the new year saying he had not planned that financially. He now has a real job and has to pay taxes.

He has now demanded (via email) that she pay him ~ $800 to make up the difference since they had to file separately. He claims that if they would have filed together it would have saved him $1600 and that she owes him half of that. However, he fails to point out that the main reason he would be saving money on his taxes is that he would get the full benefit of HER education costs (loans) that she still must pay off in full.

The main problem is that he is now a practicing lawyer (in California) and is threatening (via email) to tell her coworkers and others about several skeletons in her closet. This could potentially hurt her at work and make things uncomfortable for her.

Any suggestions on how best to take care of this without paying off his blackmail?

1. Since he is a lawyer can we report him to the bar association for unethical behavior (blackmail) and try to get him either disbarred or suspended in some way?
2. If he does tell anyone about her skeletons in an effort to hurt her financially or emotionally can this be solid grounds for a slander or defamation of character suit?

Thanks in advance for any help and suggestions you can offer.
CD

[BelizeBreeze]

IF his accusations are true and he can prove them, there is no action to be taken.

What does your wife's divorce say as to alimony?

[drdna]

His accusations (some true and some not true) have nothing to do with the money he wants. He is just threatening to use some of her personal history against her in order to get money out of her. He is not actually accusing her of anything. So there are no real accusations other then his claim that she should give him money since the divorce went through before the end of the year.

The divorce says nothing as to when it should be filed. During the divorce they split everything up according to a mutually worked out agreement in writing.

Any other info or suggestions would be helpful and appreciated

thanks.
CD

[TeeCeeAB]

I was under the impression that extortion is a felony. And this guy can't be much of a lawyer if he fails to realize the gravity of his strongarm tactics. Perhaps your fiance should take the email to the authorities and press charges.

[I AM ALWAYS LIABLE]

Originally Posted by drdna

What is the name of your state? California

My Finance has a small problem with her ex-husband and I was hoping I could get a few suggestions on what the best route to take is.

A little background first.....
She was married for 3 years (in California) and was the main source of income while her husband looked for work as he was a recent grad from law school. During their 3 years he held only minor jobs while looking for work. She filed for divorce early last year and it was finalized in December last year. Her ex was very upset it was finalized before the start of the new year saying he had not planned that financially. He now has a real job and has to pay taxes.

He has now demanded (via email) that she pay him ~ $800 to make up the difference since they had to file separately. He claims that if they would have filed together it would have saved him $1600 and that she owes him half of that. However, he fails to point out that the main reason he would be saving money on his taxes is that he would get the full benefit of HER education costs (loans) that she still must pay off in full.

The main problem is that he is now a practicing lawyer (in California) and is threatening (via email) to tell her coworkers and others about several skeletons in her closet. This could potentially hurt her at work and make things uncomfortable for her.

Any suggestions on how best to take care of this without paying off his blackmail?

1. Since he is a lawyer can we report him to the bar association for unethical behavior (blackmail) and try to get him either disbarred or suspended in some way?
2. If he does tell anyone about her skeletons in an effort to hurt her financially or emotionally can this be solid grounds for a slander or defamation of character suit?

Thanks in advance for any help and suggestions you can offer.
CD

My response:

He can't possibly be a very good attorney. Tell him, "go ahead, and I'll own you, your Bar ticket, and the rest of everything else you own - - including your first born male child."

Tell him to read, or at least remind himself of, Kemp v. County of Orange (1989) 211 Cal.App.3d 1422, 260 Cal.Rptr. 131, and to read CACI 1801.

The tort of "invasion of privacy" comprises four related causes of action:

• Unreasonable intrusion into private affairs;

• Placing plaintiff in a false light;

• Public disclosure of embarrassing private facts. [See Lugosi v. Universal Pictures (1979) 25 Cal.3d 813, 819, 160 Cal.Rptr. 323, 326; and BAJI 7.20]


IAAL

[john123456]

Originally Posted by I AM ALWAYS LIABLE

My response:

He can't possibly be a very good attorney. Tell him, "go ahead, and I'll own you, your Bar ticket, and the rest of everything else you own - - including your first born male child."

Tell him to read, or at least remind himself of, Kemp v. County of Orange (1989) 211 Cal.App.3d 1422, 260 Cal.Rptr. 131, and to read CACI 1801.

The tort of "invasion of privacy" comprises four related causes of action:

• Unreasonable intrusion into private affairs;

• Placing plaintiff in a false light;

• Public disclosure of embarrassing private facts. [See Lugosi v. Universal Pictures (1979) 25 Cal.3d 813, 819, 160 Cal.Rptr. 323, 326; and BAJI 7.20]


IAAL

drdna:

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