JUSTICE FOR ALL??! .....I THINK NOT.... LEGAL MALPRACTICE in divorce

[lisaba]

I am Outraged and Disgusted at the Justice System in this country!
My situation is complicated, so I will simplify and just give an overview.

My husband of many years walked out on me without notice or discussion. I fell apart.
I started a divorce a couple years later (still not functioning normally) only because he stopped giving me money and I was desperate. He made the income for our family over the years, while I had a child very young and cared for him.

The lawyer I hired, I only used because the firm was willing to take on some clients on a sliding scale fee, and I had close to nothing.
I was disturbed by much of what was happening during my divorce, but my lawyer kept telling me that there was nothing she could do about the issues, and would proceed to site "laws" explaining why. Although I begged her to go to court over certain issues, we never did--because, she would reiterate over and over,

"You need to take any offer your husband makes...If we go to court over any issue, you could wind up with nothing....Judges are not in favor of women."

Much of what my lawyer hinged my case around was regarding the emancipation of children in divorce. My son was 18 at the time (and in college)--and she told me over and over throughout the entire divorce, that nothing that is even remotely related to my son can be brought up in my case because he is 18 years of age. (I've since found out emancipation is age 21 in NYS). She even used the age of my son when dealing with a Parent college loan (taken out by parents) for my son. It was under my name, and I couldn't get her to try and at least divide this large loan between me and my husband, because it had to do with my son.

BOTTOM LINE:

I signed the divorce, not because I was happy about the details (in fact, I was very unhappy), but because I was told by my lawyer that it had to be this way due to "law"....Due to the "laws" this was the best I could do, according to my lawyer.

About a year later, I had a gut feeling something had been very off in my divorce, and I consulted another attorney. This attorney told me my entire case was mishandled, and revealed all the lies about the laws of NYS that I had been told by my lawyer. She recommended that I sue my divorce lawyer.

I consulted several attorneys about suing, and although all of them said that I had a strong case, they also wanted large retainers, and I had (have) no funds.

I finally gave up on getting justice--clearly Money was more important to everyone in the Legal system, than justice, or fairness. No one cared that someone who was suppose to represent and uphold the Laws of the United States misrepresented the laws and compromised a person's life (and a person who has so little).

SOME MAIN ISSUES OF MALPRACTICE (LIES) BY MY ATTORNEY, ACCORDING TO THE LAWS of NYS:

I was told emancipation for children in NYS is age 18, but the age is 21.

There was NO FINANCIAL DISCLOSURES.... Financial disclosures are MANDATORY in the state of New York.

I was suppose to acquire similar living conditions in the outcome of my divorce as when I was married. My situation is vastly different. I'm now barely surviving.

I was entitled to spousal support for life, due to the length of my marriage.
I got 5 years.
(Also, what I got in terms of monthly payments is very little, for there was no financial disclosures and my husband therefore made up figures. It was accepted by my attorney......I didn't know).

NO DIVISION OF MARITAL DEBT
Although he made the income for our family for the many years of our marriage while I raised and cared for our son, I got left with the huge marital debt. (my lawyer used the excuse of my name being on the debt--not his--for her reasoning. The truth is that everything (acquired during the marriage) for married persons is equally owned by BOTH people, regardless of whose name is on it).

NO CONSIDERATION FOR HEALTH CARE ( I was getting my health care from my husband's work).

NO CHILD SUPPORT FOR MY SON (who would have gotten support for 3 years).

ETC..

I recently wrote a 10 page letter to the Bar Association in New York regarding this. It was dismissed because I didn't have evidence....Evidence?! I didn't know it was happening at the time. Was I suppose to tape record my sessions with my attorney when I didn't know I was being lied to? How do I prove what she said to me? How do I prove misguiding me? (Everything in the divorce papers, I now see in hindsight, knowing so much more about the law, was written in a fashion to protect her, the attorney).

All I can say is:
What Country do I live in?! It certainly can't be the United States of America--the land of freedom, and Justice for All?!

 

[Proserpina]

First, emancipation for the sake of child support is NOT the same as emancipation for other reasons. Both ages - 18 and 21 - can be used. It depends on circumstances.

Second, you are NOT automatically entitled to lifetime spousal support NOR are you automatically entitled to the same standard of living.

Finally - well, this isn't really a legal question. You've already been advised to sue your divorce attorney; if you cannot afford to do so (and frankly if the Bar Assoc. won't act, that's quite telling) then there's really not much you can do.

As a side note, if another attorney won't take your case on contingency that usually indicates that your case isn't actually as strong as you might think it is.

 

[army judge]

I learned this maxim many years ago from a very wise "country" lawyer: "Don't fall in love with your case."

Thanks for that (and many other tidbits of wisdom), Judge Barnwell, may you rest in peace, sir!

 

[lisaba]

Oh wow....I had a feeling giving the overview and not the 10 page version I sent to the Bar could lead some to totally not understand.

The issue around age was Not child support in any way shape or form (it was just an aside, and--another thing). It was what my entire case was base around, even though none of the issues actually had anything to do with emancipation. For example, the Parent Loan (which parents take out for kids) wasn't touched because of my son's age. What I found out( beside the lie of emancipation at 18--and yes, in my case it was a complete lie)--the issue of the Parent Loan had to do with Marital Debt, not anything to do with emancipation. Get the idea?

Secondly, IT IS NOT TELLING about the bar association.
My point is: What Proof (as is needed in law) could I possibly have when I didn't know I was being lied to, or that my lawyer was negligent AT THE TIME OF "SERVICE"? Not being an attorney myself and therefore knowing How to figuring this out--in spite of my specific outrage and siting laws on issues to the Bar (law that I now know- have researched- but didn't know then), comes down to a "he said, she said" issue. Get it?

Lastly, you are incorrect on the contingency issue. I have an extremely strong case which is why I was advised by an attorney to sue immediately. However, it's not an Easy case for a variety of reasons that would involve a great deal of time, effort, and investigations.
(Also, although it's done, attorneys don't love suing their own).

I'm quite dismayed at your comments.

 

[lisaba]

What's your point? ....I've suffered greatly due to this negligence. Certainly not in love with my case, perhaps, I've fallen in hate of it.

 

[army judge]

What's your point? ....I've suffered greatly due to this negligence. Certainly not in love with my case, perhaps, I've fallen in hate of it.

What the dear, late, great judge meant was that as lawyers we think we have such a great case that we often fail to see its flaws.

I liken it to falling love with someone.

You're so in love with him or her, you often fail to see their flaws.

Good luck with your case.

 

[Proserpina]

Oh wow....I had a feeling giving the overview and not the 10 page version I sent to the Bar could lead some to totally not understand.

The issue around age was Not child support in any way shape or form (it was just an aside, and--another thing). It was what my entire case was base around, even though none of the issues actually had anything to do with emancipation. For example, the Parent Loan (which parents take out for kids) wasn't touched because of my son's age. What I found out( beside the lie of emancipation at 18--and yes, in my case it was a complete lie)--the issue of the Parent Loan had to do with Marital Debt, not anything to do with emancipation. Get the idea?

Secondly, IT IS NOT TELLING about the bar association.
My point is: What Proof (as is needed in law) could I possibly have when I didn't know I was being lied to, or that my lawyer was negligent AT THE TIME OF "SERVICE"? Not being an attorney myself and therefore knowing How to figuring this out--in spite of my specific outrage and siting laws on issues to the Bar (law that I now know- have researched- but didn't know then), comes down to a "he said, she said" issue. Get it?

Lastly, you are incorrect on the contingency issue. I have an extremely strong case which is why I was advised by an attorney to sue immediately. However, it's not an Easy case for a variety of reasons that would involve a great deal of time, effort, and investigations.
(Also, although it's done, attorneys don't love suing their own).

I'm quite dismayed at your comments.

If you had a strong case, an attorney would likely take it on contingency.

Even against another attorney.

But, you're free to disagree. That's fine. It's still not going to improve your position, is it?

 

[army judge]

It is a misconception that attorneys don't sue each other.

An attorney will sue anyone if they believe the client has a great case, or if the client has deep pockets.

Trust me, madam, attorneys can be quite ruthless and capitalistic.

 

[lifin0]

Feel your pain from Mississippi. I have contacted over 5 local attorneys and each have reviewed my case of legal malpractice and judicial misconduct, all state I have a solid case (with evidence) but no one wants to represent me because they are afraid that it will affect their practice. My attorney withdrew when I confronted him with conflict of interest. I do have evidence, have filed formal complaints myself, and have also filed Criminal Charges against my ex, her attorney, and my attorney for perjury, fraud upon the court, and subornation of perjury. I am representing myself pro se. The reason no one will step forward and do what is right for justice sake is that their is very little compensation involved for the attorney to perform an act on your behalf that may have consequences of which none of them will come forward and openly discuss with you. My previous attorney is a popular state official, and the opposing counsel sits as a municipal judge.

I have found that if justice is to prevail, then you must build a solid case with evidence. Copies of transcripts, filed documents of manipulation or untruth presented to the court, etc. If that was present, then there are grounds for criminal prosecution (and statue of limitations are longer than those within a civil divorce case), and thus you will not be out of pocket much, aside from the cost of research, documents, etc. (Go see your District Attorney and they will provide guidance if there is cause to file) In our law system, evidence is the only vice to have when making a bold request such as yours and mine. I have over 40 documents, gathered through research of public records, testimonies from trial, affidavits, submissions already in the case, and a wealth of information from attorney friends and study of case law and statues from our Code.
I wish you the best and pray you can hold it all together and remain steadfast in your pursuit of justice as it is not always issued in our civil court system because of "incompetent" or exclusively financially motivated legal representatives.
In the end, justice will be served. It may not be in a timely manner, but persistence and honesty always wins in the end. I would also recommend Dale Carnegie's book "How to Start Living and Stop Worrying". His strategy is to accept the worst that can happen, accept it, then attempt to improve upon that. It works as I have demonstrated.