what do i need to know about proving a lawyer has been unethical in divorce case?

TN

After a long drawn out divorce spanning three years, my divorce became final last year. However, after I signed my divorce papers and all papers were sent into my attorney, somehow or another the opposing attorney filed in court papers that I had not agreed to after my husband signed them. The un-notarized portion of the divorce packet were substituted with papers i had not agreed to. Thus, my case went to court with both parties signatures and the divorce decree was signed and finalized. The document in question was the child support worksheet which does not require a signature. The final worksheet was an old worksheet that I never agreed to. In my eyes, the opposing attorney comitted fraud and was unethical.

I have filed a complaint with the board but they do not seem to understand how such an error can be possible. Also, how do you prove something like this when the document in question does not require a signature? I would like to continue with my appeal, because the opposing attorney was unethical. Any advice?What is the name of your state (only U.S. law)?

How has the document affected you?
What does your attorney say?

how has it affected me and what does my lawyer say?

Hello Zigner.

Ultimately what happened in this case is that I had to take a lesser amount on child support which did not include child care expenses or a deviation for my special needs child. The amount didn't break the bank but it was an unfair amount. To me that doesn't matter so much as the fact that the papers I submitted to my lawyer are indeed not the papers that the judge signed off on.

My lawyer said that the opposing attorney did not handle the case accordingly, but it felt it would be more important to be heard before the judge, not to point fingers at the other lawyer.

I understand this, however, it doesn't change the fact that she did not submit the documents I approved because it wasn't what her client wanted.

i'm just wanting to make sure she is reprimanded for an improper code of conduct. Partybuschick

partybuschick said:

Hello Zigner.

Ultimately what happened in this case is that I had to take a lesser amount on child support which did not include child care expenses or a deviation for my special needs child. The amount didn't break the bank but it was an unfair amount. To me that doesn't matter so much as the fact that the papers I submitted to my lawyer are indeed not the papers that the judge signed off on.

My lawyer said that the opposing attorney did not handle the case accordingly, but it felt it would be more important to be heard before the judge, not to point fingers at the other lawyer.

I understand this, however, it doesn't change the fact that she did not submit the documents I approved because it wasn't what her client wanted.

i'm just wanting to make sure she is reprimanded for an improper code of conduct. Partybuschick

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The opposing attorney doesn't present your evidence. If you (or your attorney) had a contradicting document, it should ALSO have been presented in court. YOUR attorney is the one you need to talk to about this...and be upset with.

I was afraid of that. So in other words, I have no leg to stand on. My attorney has always been too involved to focus on my case. Apparently, he should have handled this and for not doing anything about it, my husband's attorney is off the hook. All because, he didn't want to point fingers! I have no real desire to file a complaint to the board against my attorney even though I would have every right to. He did the case pro bono. I guess you get what you pay for!

If you felt your attorney had "always" been too involved with other cases, you could have requested your files and gone to another attorney.