Georgia.
Husbands attny filed motion to enfore our divorce settlement agreement with full knowledge that I was in no way in agreement. Did not sign! Attny advised me against signing due to a potentially serious medical condition and being unemployed felt the need to hold off because I would lose my insurance when the divorce was final. There was absolutely no reference to insurance in the agreement. All of the changes were not completed from the previous request we had made yet my attorney told me they had all been completed.
Medical issue not so serious (8 days from court date), however still had unresolved issues with agreement. My attny would not even request the changes and stated he had given opposing counsel his word that we (I) agreed to the agreement and he would not change it or even request my changes simply based on his own opinion. He withdrew from my case...I would have fired him anyway.....He also claimed while under oath that he was not aware of anything serious or was never given anything in writing about my medical condition.......he further lied and stated he never discussed the medical situation with opposing counsel.......LIE! Even when my attorney pulled some medical information out of the client file that he received from my ex-attny, he claimed he never looked at it......
Question.....if you lie on the stand.....as a lawyer to a judge or anyone to anyone when under oath.......is there some silent line that determines whether or not to bother proving the lie......like if it is just a little non-important lie....do you let it go? And if this is the case, who decides what lies are worthy of punishing.......
I have never seen anything like it in my life and the idiot ex-attny can't be so stupid that he forgot that I can prove he lied..........Am I crazy for having a problem with this?
Ok two days before scheduled court date I found new attny, got one week extension. The day after I separated from my old attny before I retained the new one.......I received an ANSWER and Counterclaim to my original Irret. Broken Divorce claim filed 8 months previously in the mail, which amazed me considering I left my attnys office at 4 the previous day after he withdrew...yet got the answer in the mail by 10 the next morning......which to me could mean that after alll of my faxes requesting changes, my attorney told his attorney his plan to withdraw otherwise how could I have received such a thing in less than 15 hours from the event. Answer stated that they wanted the agreement to be inforced due to cruel treatment on my part. Don't know if relevant....
My old attorney did not file his Withdrawal request until two days before my court appearance...the 13th, signed and filed on the same day. He received a supeona from the other side on the 14th (signed by Judge on the 13th) for our court date on the 15th.......as a witness stating that he believed we had an agreement. He lied on the stand and I can prove it. Opposing counsel asked him 2 particular questions that he knew the correct answer to and knew that the witness would have to lie to get the result he needed.....how is that normal? It is almost like premeditated perjury.....or something like that.......
Does stuff like this happen all the time.........maybe I am just clueless......but it doesn't make it any less wrong........
My husband was called as a witness, ex-attny......new attny........co counsel.....but not me.....never me!
Judge dismissed us on the 15th claiming he was on the fence and ....he knew I never signed and knew there was the medical issue yet was influenced as well by the ex-attnys testimony stating that I agreed........yet never signed...furthermore with every counter offer back to husbands attorney the letter starts out .....my clients has authorized me to make the following offer......so how can he get away with finalizing it without my consent.....
Three weeks later I am informed that the motion to enforce was signed and I was now divorced.
In the mail I receive a letter from the Judge that based on the evidence he reviewed (of which there is not one piece proving I agreed) there is not even a letter between attornies about it.......and he further based his decision on my ex-attnys testimony and then goes on to say that he had the authority to make that decision for me.
HOW? My attorney/client agreement with him stated that
Attorney promises to safeguard all personal and confidential information and data relating to client. Attorney shall not release any information, except as required by law, without first obtaining client’s consent.
Doesn't that mean that I had to consent.......I have e-mail and fax documentation to my husband and my ex-attorney proving I didn't agree and showing the changes I wanted.........during the whole time before the motion was filed.......
I never got to say a word.....
Oh and my divorce decree is actually an anullment! 10 years of marraige that has been anulled which further throws the settlement contract out the window.......cause it states
“set aside and dissolved as fully and effectually as if no such contract had ever been made or entered into,…….and a little further down it states …….we are considered separate and distinct persons altogether unconnected by an nuptial union or civil contract whatsoever”
Oh and the motion to enforce order that was signed referenced the wrong or a previous draft of the agreement which the judge never should have seen or never should have needed at all.....how the heck does this crap happen?
Where do I start.....my new attny is really overwhelmed and I don't know whether to start with gripes (pages long) against the ex-attny or appeal or complain about the judgement.
And I have another question....considering the motion to withdraw was filed, signed and submitted for record after he had been supeona by the other side......didn't he still work for me and isn't there a possible conflict of interest issue? I didn't even know he would be there until I walked into the court room............
Any suggestions?
Husbands attny filed motion to enfore our divorce settlement agreement with full knowledge that I was in no way in agreement. Did not sign! Attny advised me against signing due to a potentially serious medical condition and being unemployed felt the need to hold off because I would lose my insurance when the divorce was final. There was absolutely no reference to insurance in the agreement. All of the changes were not completed from the previous request we had made yet my attorney told me they had all been completed.
Medical issue not so serious (8 days from court date), however still had unresolved issues with agreement. My attny would not even request the changes and stated he had given opposing counsel his word that we (I) agreed to the agreement and he would not change it or even request my changes simply based on his own opinion. He withdrew from my case...I would have fired him anyway.....He also claimed while under oath that he was not aware of anything serious or was never given anything in writing about my medical condition.......he further lied and stated he never discussed the medical situation with opposing counsel.......LIE! Even when my attorney pulled some medical information out of the client file that he received from my ex-attny, he claimed he never looked at it......
Question.....if you lie on the stand.....as a lawyer to a judge or anyone to anyone when under oath.......is there some silent line that determines whether or not to bother proving the lie......like if it is just a little non-important lie....do you let it go? And if this is the case, who decides what lies are worthy of punishing.......
I have never seen anything like it in my life and the idiot ex-attny can't be so stupid that he forgot that I can prove he lied..........Am I crazy for having a problem with this?
Ok two days before scheduled court date I found new attny, got one week extension. The day after I separated from my old attny before I retained the new one.......I received an ANSWER and Counterclaim to my original Irret. Broken Divorce claim filed 8 months previously in the mail, which amazed me considering I left my attnys office at 4 the previous day after he withdrew...yet got the answer in the mail by 10 the next morning......which to me could mean that after alll of my faxes requesting changes, my attorney told his attorney his plan to withdraw otherwise how could I have received such a thing in less than 15 hours from the event. Answer stated that they wanted the agreement to be inforced due to cruel treatment on my part. Don't know if relevant....
My old attorney did not file his Withdrawal request until two days before my court appearance...the 13th, signed and filed on the same day. He received a supeona from the other side on the 14th (signed by Judge on the 13th) for our court date on the 15th.......as a witness stating that he believed we had an agreement. He lied on the stand and I can prove it. Opposing counsel asked him 2 particular questions that he knew the correct answer to and knew that the witness would have to lie to get the result he needed.....how is that normal? It is almost like premeditated perjury.....or something like that.......
Does stuff like this happen all the time.........maybe I am just clueless......but it doesn't make it any less wrong........
My husband was called as a witness, ex-attny......new attny........co counsel.....but not me.....never me!
Judge dismissed us on the 15th claiming he was on the fence and ....he knew I never signed and knew there was the medical issue yet was influenced as well by the ex-attnys testimony stating that I agreed........yet never signed...furthermore with every counter offer back to husbands attorney the letter starts out .....my clients has authorized me to make the following offer......so how can he get away with finalizing it without my consent.....
Three weeks later I am informed that the motion to enforce was signed and I was now divorced.
In the mail I receive a letter from the Judge that based on the evidence he reviewed (of which there is not one piece proving I agreed) there is not even a letter between attornies about it.......and he further based his decision on my ex-attnys testimony and then goes on to say that he had the authority to make that decision for me.
HOW? My attorney/client agreement with him stated that
Attorney promises to safeguard all personal and confidential information and data relating to client. Attorney shall not release any information, except as required by law, without first obtaining client’s consent.
Doesn't that mean that I had to consent.......I have e-mail and fax documentation to my husband and my ex-attorney proving I didn't agree and showing the changes I wanted.........during the whole time before the motion was filed.......
I never got to say a word.....
Oh and my divorce decree is actually an anullment! 10 years of marraige that has been anulled which further throws the settlement contract out the window.......cause it states
“set aside and dissolved as fully and effectually as if no such contract had ever been made or entered into,…….and a little further down it states …….we are considered separate and distinct persons altogether unconnected by an nuptial union or civil contract whatsoever”
Oh and the motion to enforce order that was signed referenced the wrong or a previous draft of the agreement which the judge never should have seen or never should have needed at all.....how the heck does this crap happen?
Where do I start.....my new attny is really overwhelmed and I don't know whether to start with gripes (pages long) against the ex-attny or appeal or complain about the judgement.
And I have another question....considering the motion to withdraw was filed, signed and submitted for record after he had been supeona by the other side......didn't he still work for me and isn't there a possible conflict of interest issue? I didn't even know he would be there until I walked into the court room............
Any suggestions?
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