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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88666
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Question of Crimes: An attorney whom I fired several months

Resolved Question:

Question of Crimes:

An attorney whom I fired several months ago, recently colluded with my new divorce attorney, and signed her name to a very damaging (to me) Temp Order - which I had not laid eyes on, no one had read it to me, or even told me that it WAS a "Temp Order." I lost use of my home and a lot of money because of this. It was a long Order that the opposing side excusively drew up. On the last page, on the blank line with my name under it, she signed HER name. Under her name, she printed: "Attorney For John A. Doe" (me).
Of course, I had/have not talked with her for months before she signed it, I had fired her for abysmal "service" - she had made me miss depositions because she hadn't even bothered informing me of them. It angered her when I fired her, so I assume that's why she had no problem signing an Order which damaged me. He (the new atty) may very well have paid her, also. (The reason my NEW lawyer did this to me, was, it turned out, that he and my spouse's atty are very close friends. He turned out to do several other illegal things to me, before I could find out, and fire HIM, also. VERY bad luck with atty's where I am..)
She (the previous atty), made no attempt to contact me on the phone, or via e-mail, etc.. to see if I agreed with it, or had even read it (or MAINLY if she had MY permission to sign it! The new atty was too cowardly to sign it himself, but he briefly called me beforehand and said that he had 'a simple, innocent "no-contact" order' that I needed to sign soon. He said it was "standard in most all divorces, just stating that both parties agree not to 'harass' the other." I told him I would come in a day or so and read it. Come to find out, that very day he put my previous, (fired) atty up to coming to his office and signing it. It was nothing like he said. Like I said, it was a damaging Temporary Order. After the prev., fired atty signed it, my new atty took it to the judge, and had him approve it. 100% FRAUD.

What crimes were committed here? To hell with the "Bar" - I'm going to the Police/Prosecutor. (I'm in MS.)

Would this be Uttering a Forgery? Fraud? Collusion/Conspiracy? Surely an old attorney with a grudge can't just come sign a CONTRACT "on my behalf," and then pass it off to a judge as having my consent!

Right now, I'm not worried about Bar Complaints, Civil suits, etc. I'd like to know what crimes were committed - by either/both of them.

Thank You.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am afraid that everything you have described for the most part would be rules of professional conduct violations and not criminal acts. Once potential exception would be fraud/forgery. When she signed that document having legal efficacy and she did not have authorization to sign for you as your representative, then this could be deemed to be fraud/forgery and grounds for criminal charges for that offense, which is a felony in MS punishable by up to 5 years in prison. I am afraid that outside of that one act of signing the document without authority, everything else you are claiming above would be a civil violation or a rules of conduct violation.

Of course, realistically, it is not likely a district attorney would take charges on a case like this as you described above. However, you can file the forgery complaint with the DA and the DA's decision is the final decision as to whether or not they will pursue criminal charges.




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Customer: replied 1 year ago.
(had to switch browsers)

One followup:

I find it so crazy that people can commit crimes that really hurt you - like this & civil Perjury & you can prove the hell out of it, and they won't prosecute it. It makes me really mad.

Is there anything that I can do to 'up' my chances of them prosecuting damn CRIMES?

Would I have better luck hiring an atty, & having HIM go file charges? Money is not an issue. (I AM also trying to prosecute my ex for Perjury in Divorce court, too - she made up lie after lie, made up all these times that I supposedly abused her. I bought a $400 court transcript & a $450 polygraph (passed 100% -"no sign of deception" to everything she
testified to me doing to her. I have a mountain of evidence proving she was lying (and 2 police witnesses & 2 fireman witnesses). I haven't gone to the DA / Prosec. yet, but I seriously doubt they are going to do anything. Again, is there ANYTHING I can do to have a better chance of him prosecuting these criminals??

Thanks.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up.

It amazes even attorneys sometimes that when civil courts refer these cases to the DA, that the DA will refuse to accept charges, but I am afraid it happens daily throughout America. The only thing you can do is present the comprehensive evidence to the DA and that is all you can do and in most cases if the DA feels you can do better getting a monetary judgment against the offending party they will tell you to pursue it under sanctions and a civil suit. The reason being most times is that they have enough violent and drug crimes to prosecute that they do not have manpower to divert to these "whitecollar" type non-violent crimes.

You have a better chance of getting monetary penalties and sanctions in most of these cases than getting a DA to take charges, even if the court issues a ruling stating that it was perjury and fraud/forgery which you turn over to the DA.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88666
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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