Opposing lawyer modified QDRO and submitted it to court

[Rick1Ryan]

Jurisdiction

Tennessee

I went thru a pretty nasty divorce. Opposing counsel coached my now ex-wife to file a bogus restraining order, as well as multiple lies to the court. We're down to the final two QDROs, where my ex-wife is taking half of my retirement accounts, in addition to 100% of my assets (no children involved). Her lawyer told me that one of the QDROs had a wrong piece of info on the first page. Without my consent or approval, she went back and changed the wrong info (created two new pages) then, she she modified the PDF to use HER first two pages, keeping the last two pages (which contains my signature). There is no notation on the document, indicating that the first two pages were substituted by her. She has since notified me that it has been filed with the court for the judge's signature. She did not inform the court of her changes and did not ask my permission to falsify the document.

While this change does not modify the amount of money, it seems to me that she just filed a false document with the court and without any kind of prior authorization from me and without letting the judge know either. Is this not a clear ethics violation? Am I correct in thinking that she should be reported to the Board of Professional Responsibility? Yes, I WANT to do damage to her career. She fully deserves it.

 

[Zigner]

I went thru a pretty nasty divorce. Opposing counsel coached my now ex-wife to file a bogus restraining order, as well as multiple lies to the court. We're down to the final two QDROs, where my ex-wife is taking half of my retirement accounts, in addition to 100% of my assets (no children involved). Her lawyer told me that one of the QDROs had a wrong piece of info on the first page. Without my consent or approval, she went back and changed the wrong info (created two new pages) then, she she modified the PDF to use HER first two pages, keeping the last two pages (which contains my signature). There is no notation on the document, indicating that the first two pages were substituted by her. She has since notified me that it has been filed with the court for the judge's signature. She did not inform the court of her changes and did not ask my permission to falsify the document.

While this change does not modify the amount of money, it seems to me that she just filed a false document with the court and without any kind of prior authorization from me and without letting the judge know either. Is this not a clear ethics violation? Am I correct in thinking that she should be reported to the Board of Professional Responsibility? Yes, I WANT to do damage to her career. She fully deserves it.

Wow! Look at the amount of money she saved you by not having your attorney do a minor correction to the document that changes nothing on the bottom line.

 

[Rick1Ryan]

Wow! Look at the amount of money she saved you by not having your attorney do a minor correction to the document that changes nothing on the bottom line.

She didn't save me a dime since I had filled out the QDRO to begin with. She falsified a court document. Is that not a problem?

 

[Zigner]

She didn't save me a dime since I had filled out the QDRO to begin with. She falsified a court document. Is that not a problem?

She HELPED you...get over yourself.

 

[Rick1Ryan]

She HELPED you...get over yourself.

No, she did not. She submitted a falsified document to the court.

 

[Zigner]

No, she did not. She submitted a falsified document to the court.

According to you, it was a correction that did not change the effect of the document. She did you a favor.

If you were to clarify your original post by telling us what the correction actually was, then I *might* reconsider my position.

 

[adjusterjack]

it seems to me that she just filed a false document with the court and without any kind of prior authorization from me and without letting the judge know either. Is this not a clear ethics violation?

Nope. It's not any kind of violation and it's not a false document unless the judge says it is.

If you have a problem with what she did you file a motion with the court to address the issue.

Am I correct in thinking that she should be reported to the Board of Professional Responsibility? Yes, I WANT to do damage to her career. She fully deserves it.

For what? Doing the best job for her client?

I was just as pissed off about my ex wife's attorney, but you know what? If I ever had to sue somebody I'd hire him in a heartbeat.

Look at the amount of money she saved you by not having your attorney do a minor correction

I'm guessing Rick didn't have an attorney of his own.

 

[Rick1Ryan]

Nope. It's not any kind of violation and it's not a false document unless the judge says it is.

If you have a problem with what she did you file a motion with the court to address the issue.



For what? Doing the best job for her client?

I was just as pissed off about my ex wife's attorney, but you know what? If I ever had to sue somebody I'd hire him in a heartbeat.



I'm guessing Rick didn't have an attorney of his own.

I had an attorney, the divorce was finalized so she's released from her duties. The attorney in question notified me of the problem and asked me to send her a corrected form. Instead of waiting, she falsified the document herself and filed it with the court and without notifying either the judge or me of what she did.

 

[justblue]

I had an attorney, the divorce was finalized so she's released from her duties. The attorney in question notified me of the problem and asked me to send her a corrected form. Instead of waiting, she falsified the document herself and filed it with the court and without notifying either the judge or me of what she did.

What was the correction? What damages did you suffer?

 

[adjusterjack]

The attorney in question notified me of the problem and asked me to send her a corrected form.

How much time elapsed between notifying you and filing the corrected form?

Instead of waiting, she falsified the document herself and filed it with the court and without notifying either the judge or me of what she did.

The correction didn't change the amounts involved. You didn't file an objection with the court.

However painful your divorce settlement is, it has nothing to do with the correction to the QDRO.

 

[stealthy1]

The attorney in question notified me of the problem and asked me to send her a corrected form. Instead of waiting

Timeframe?

 

[Rick1Ryan]

What was the correction? What damages did you suffer?

No damages on my part. She made a correction to the city field on the form. My beef is that she's gotten away with multiple lies with the court. This is just a continuation in the pattern. Is it minor? Yes, but she did falsify a court document. Obviously, I'm naive to think to think that lawyers should be ethical.

 

[Zigner]

No damages on my part. She made a correction to the city field on the form. My beef is that she's gotten away with multiple lies with the court. This is just a continuation in the pattern. Is it minor? Yes, but she did falsify a court document. Obviously, I'm naive to think to think that lawyers should be ethical.

She did NOT falsify a court document. She made a simple correction and saved YOU money in the process (your attorney would have charged you to do the same thing).

Move along now...nothing to see here.

 

[PayrollHRGuy]

No damages on my part. She made a correction to the city field on the form. My beef is that she's gotten away with multiple lies with the court. This is just a continuation in the pattern. Is it minor? Yes, but she did falsify a court document. Obviously, I'm naive to think to think that lawyers should be ethical.

Had you had your own lawyer you would have been much better off.

 

[zddoodah]

Opposing counsel coached my now ex-wife to file a bogus restraining order, as well as multiple lies to the court.

You know this because she told you about this coaching? Or you were somehow otherwise privy to what they discussed?

she she modified the PDF to use HER first two pages, keeping the last two pages (which contains my signature).

And the substantive effect of this is what? Sounds like the answer is nothing.

Is this not a clear ethics violation?

Can't possibly opine intelligently about this without knowing the substantive effect of what she did. If, as it appears, the answer is nothing, then the answer to your question is no.

Also, when you (or your lawyer?) contacted her to object to what she had done, what response was received?

My beef is that she's gotten away with multiple lies with the court.

No point in using something trivial as a vehicle to vent about more substantive things. I'm confident that you or your lawyer had an opportunity to rebut these alleged lies and that you did not succeed.

 

[Zigner]

Had you had your own lawyer you would have been much better off.

OP said he had an attorney.

 

[PayrollHRGuy]

OP said he had an attorney.

I can't tell that he had one at that point. Post #8 confuses the issue.

 

[adjusterjack]

My beef is that she's gotten away with multiple lies with the court.

Did you or your lawyer make any attempt to refute those "lies" with evidence?

With what result?

Complaining about them after the case is over is, as Shakespeare noted, "full of the sound and fury, signifying nothing."

OP said he had an attorney.

After my comment.

Before my comment, there was no mention of his attorney and there was an implication that he was dealing with the opposing attorney by himself.

 

[Zigner]

I can't tell that he had one at that point. Post #8 confuses the issue.

Fair enough

 

[Zigner]

After my comment.

Before my comment, there was no mention of his attorney and there was an implication that he was dealing with the opposing attorney by himself.

Yes, but my comment wasn't directed at you

And, since the QDRO is often completed after a case is heard, it's possible that the OP wasn't represented at the time the QDRO was submitted. This would be backed up by the facts that the other attorney contacted him directly and that the OP stated that HE was the one who filled out the QDRO.

EDIT: The OP should tell us who was actually dealing with the QDRO related matters.