What is the name of your state (only U.S. law)? Penna.
My attorney never received all the subpoenaed documents from my exs 401k plan. The plan administrator for my exs 401k said it was not possible to get 401k statements prior to 1990,we needed all the 401k documents from 1983.I have spoken with numerous CPA(s), and people from investment firms, and everyone tells me the records are available.Everyone says the 401k plan administrator was wrong.My attorney never pursued these subpoenaed documents, and accepted the plan administrators word that these documents were not available. My attorney also filed a "Production of Documents" request with my exs attorney/courts for my ex to produce other crucial financial documents. My ex never produced these documents, and my attorney never pursued these documents. I know my ex committed fraud, and I am pretty sure my lawyers actions/lack of action is grounds for legal malpractice.I really do not want to pursue my attorney,I think my attorney actually tried his best,but got in over his head.I told my attorney my ex was a master at manipulating people and to be careful.What can I do now? The trial and all appeals are over, without these documents I can not show my ex manipulated 600,000.00 from the 401k.I am being forced to sell our marital house to get my ex her share of the equity, I am being forced into bankruptcy, I will not have a place to live, my credit has been destroyed.I would prefer to just expose my exs fraud, and I would be OK financially.I might have to pursue restitution from my attorney if I can not get the documents my attorney should have gotten.Otherwise I will be bankrupt, penniless, no credit, etc. I should have no debt, 300,000.00 in my 401k, and receive 3000.00 monthly alimony, but that is not the case. What can I do ?
My attorney never received all the subpoenaed documents from my exs 401k plan. The plan administrator for my exs 401k said it was not possible to get 401k statements prior to 1990,we needed all the 401k documents from 1983.I have spoken with numerous CPA(s), and people from investment firms, and everyone tells me the records are available.Everyone says the 401k plan administrator was wrong.My attorney never pursued these subpoenaed documents, and accepted the plan administrators word that these documents were not available. My attorney also filed a "Production of Documents" request with my exs attorney/courts for my ex to produce other crucial financial documents. My ex never produced these documents, and my attorney never pursued these documents. I know my ex committed fraud, and I am pretty sure my lawyers actions/lack of action is grounds for legal malpractice.I really do not want to pursue my attorney,I think my attorney actually tried his best,but got in over his head.I told my attorney my ex was a master at manipulating people and to be careful.What can I do now? The trial and all appeals are over, without these documents I can not show my ex manipulated 600,000.00 from the 401k.I am being forced to sell our marital house to get my ex her share of the equity, I am being forced into bankruptcy, I will not have a place to live, my credit has been destroyed.I would prefer to just expose my exs fraud, and I would be OK financially.I might have to pursue restitution from my attorney if I can not get the documents my attorney should have gotten.Otherwise I will be bankrupt, penniless, no credit, etc. I should have no debt, 300,000.00 in my 401k, and receive 3000.00 monthly alimony, but that is not the case. What can I do ?