Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
|
Re: Is this Lawyer corrupt or just incompitent?
10/23/08 12:22 PM
|
|
|
First, $600 is not alot for legal representation. Second, if the divorce was finalized an dthe retirment account was not included as part of the property settlement, the remedy is to file a Motion to reopen the decree with regard to that issue. In some states there are defined time limitations for such actions. In Minnesota, the motion must be filed, in most cases, within one year after the divorce.
If the divorce is over, I am not sure what good a subpoena does since there is no existing action. Additionally, the only way to subpoena the records is to scheduke a hearing or a deposition at which the custodian orf records must appear to present the information requested. With regard to your questions:
"1. Should my wife and I get involved and go to a meeting with her and her lawyer to help her understand?"
If everyone is comfortable with that, it certainly makes sense. It seems you should also be advised first hand what is being done and why before you cast stones at the lawyer.
"2. Does this sound like misconduct?"
No. It may be a lawyer that is over his/her head regarding proper procedure, but it is not misconduct.
"3. If she finds another lawyer that expedites this process, should she sue her current lawyer for the fees that she has incurred since the divorce was finalized? "
It would likely be an expensive process to sue and, strategy decisions, even if incorrect, would not constitute malpractice. Moreover, to sue for malpractice you must pay an expert (another attorneey) to opine that the first lawyer's conduct was below the proper professional standard of care. In other words, it would be a difficult case.
On the other hand, many states do have procedures where legal clients can seek to arbitrate fee disputes. You may wish to check with your state bar association.
|
|
0 registered and 4 anonymous users are browsing this forum.
Moderator: dsAdmin
|
Forum Permissions
You cannot start new topics
You cannot reply to topics
HTML is disabled
UBBCode is disabled
|
Rating:
Thread views: 1450
|
|
|
|
|
|
UBB.threads™ 6.5.1.1
|
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
|
|
|
|
|
The information contained on this page is not to be considered legal advice.
A local counsel or professional should always be consulted in regards to any legal matters.
"a passion for a better divorce℠" - established in 1996
© 1996 - 2013 Divorce Source, Inc. All Rights Reserved.
Previous
Index
Next
Flat
Edit
Reply
Quote
