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legal and/or ethical malpractice?

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dwhitefl

Junior Member
What is the name of your state?What is the name of your state? re: Tennessee

my husband and i were married 1 month before the birth of our first child. our 2nd child was born 2 years later, and i received my inheritance (an inheritance in trust from way before i even met my husband) in march of 2003. i invested most of it into a business for him (our name), i purchased a piece of improved land (his name) in a small community in the upper cumberlands. upon filing for divorce in october of 2003 in the circuit court, there was a mutual injunction preventing the sale, trade, transfer of "marital assets". the last week of june of 2004 a dismissal was filed with the court, and the 1st week of july 2004 a 2nd divorce was filed in the chancery court with the same mutual injunction. in august of 2004 with the assistance of a real estate broker and my ex-husband's (1st) divorce attorney, the improved property was sold without my knowledge or consent, the funds were deposited directly into the attorney's escrow account which was then wired directly into my ex-husband's mother's account, which didnt have his name on it much less mine (showing intent to defraud/hide).

tennessee is an equitable distribution state, i should have been consulted and compensated for a minimum of 50% considering i have the proof of where the purchase funds of the property came from and can prove that i purchased it with money that was mine before i even met my ex husband. the attorney was full aware of the fact that my husband, with or without the dismissal being filed, was a married man, and whether or not my name was on the property it was still considered "marital assets".

this attorney acted in bad judgement and is now trying to claim that he didn't know the 2nd divorce was filed because he was not acquired to handle that 2nd filing. the fact still remains, my husband was a married man and the attorney knew it.

what now? which court do i file an action against the attorney, what verbage do i use to include his bonding company, insurance company, whatever will be completely inclusive in order to insure restitution.
 


dallas702

Senior Member
The attorney may whine all he wants but he should have known and acted properly. Call the TN Bar Assn. They will direct you. You should be able to negotiate with the dopey attorney to get the $$$ you should have received, but if he refuses you have the option to put his license at risk.

Or, you can get a couple of cousins and bust up his trailer.
 

bononos

Senior Member
dallas702 said:
The attorney may whine all he wants but he should have known and acted properly. Call the TN Bar Assn. They will direct you. You should be able to negotiate with the dopey attorney to get the $$$ you should have received, but if he refuses you have the option to put his license at risk.

Or, you can get a couple of cousins and bust up his trailer.
Wait a minute.
Dallas, if you get time:
https://forum.freeadvice.com/showthread.php?t=280545

Similar scenario OP.
The atty. representing my ex also represented ex's father in their divorce that was going on at the same time.
He was aware of divorce and sale.
I have an atty. he never mentioned ex's atty. getting in trouble.

I feel for ya OP. :mad:
 

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