ANGELINA86
Junior Member
What is the name of your state (only U.S. law)? FL
I received a very unequal settlement at mediation due to my lawyers lack of ANY due diligence. I have a malpractice attorney but first must try and vacate the settlement. He sent me to get a copy of my husband's at the courthouse and I was shocked to be given one I had never seen which was filed the day we were in mediation at 3:00pm, when mediation had begun at 9:00am. Contacting my divorce attorney he said I was handed it at mediation. I believe my ex's lawyer did this in order for the judge not to question why there was such an unequal settlement. It declared 1M in properties as my husband's non marital property and doubled an amount of a trust I had.
I did not see it at mediation but even had I shouldn't I have had more time to analyze it then in such a stressful situation at the last minute? Does this constitute any type of ethical or malpractice issue with my ex's attorney? The only reason I can see him doing this is to justify to the judge why the settlement was so unequal. I was bullied into accepting it after 10 months of abuse my attorney did nothing to stop and did not even inform the mediator about after being instructed to do so. Is this any additional grounds which could be used to vacate?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
I received a very unequal settlement at mediation due to my lawyers lack of ANY due diligence. I have a malpractice attorney but first must try and vacate the settlement. He sent me to get a copy of my husband's at the courthouse and I was shocked to be given one I had never seen which was filed the day we were in mediation at 3:00pm, when mediation had begun at 9:00am. Contacting my divorce attorney he said I was handed it at mediation. I believe my ex's lawyer did this in order for the judge not to question why there was such an unequal settlement. It declared 1M in properties as my husband's non marital property and doubled an amount of a trust I had.
I did not see it at mediation but even had I shouldn't I have had more time to analyze it then in such a stressful situation at the last minute? Does this constitute any type of ethical or malpractice issue with my ex's attorney? The only reason I can see him doing this is to justify to the judge why the settlement was so unequal. I was bullied into accepting it after 10 months of abuse my attorney did nothing to stop and did not even inform the mediator about after being instructed to do so. Is this any additional grounds which could be used to vacate?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?