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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 33503
Experience:  Retired (mostly)
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Forensic Accounting Discovery (Im about 5-6 months behind my

Resolved Question:

Forensic Accounting?
Discovery (I'm about 5-6 months "behind"my husband, attorney) - Real Estate law -
has NOT disclosed all statements/bills/account activity re: credit cards (multiple)

-I have NO knowledge/he has hidden any information regarding: marrital assets/investments/stocks//trusts/ HIS credit cards (he applied & received many cre. cards = paying off others)

- Use of my name ("Business/Investment reasons") - to co-sign/sign for: One daughter's student loan (NYU) & MILLION plus HELOC taken out - 2 BIG LOANS
-Told (reason was self emp. -Vent. Cap)-LIE - he used the money to stay in our 2flat in Chicago
He has made himself "Attorney of Record" (against his Att.'s advise)-I asked what he did w/ all that $-he said it's "history"-seems that he used it to keep up a lifestyle -I had asked to move to small condo- reply:"I'm the RE expert" - I had "blind wife idiot's disease" - lost thousands in int/late fees/over the limit - fraud/hidden
Can he be disbarred in IL if Att. of Record
Submitted: 4 years ago.
Category: Family Law
Expert:  Attorney Wayne replied 4 years ago.
Hello. Thanks for contacting us. Wondering if you help me understand the information you need. I see a number of facts, but what information can we provide here? Thanks.

Attorney Wayne.
Customer: replied 4 years ago.

WHAT!?! My initial email question was a "bit all over the place"? - I, obviously, am NOT an attorney! -


Undergrad institutions: Cornell, Skidmore, Mannes, Duke, Juilliard & Hunter - I wanted to make SURE I'd be successful in my operatic career & also get a good Liberal Arts/Teaching Degree. International work/USC/Northwestern Masters - Sang until I began breeding - taught P/T while raising - no nannies/housekeepers - two exceptionally successful - hip girls (going through trauma now) ages: 18 & 21.

* HOPEFULLY their dad's breakdown & abuse will not totally screw 'em up)

* It is I vs. 3 attorneys who, AS YOU: WISH to cut to the chase:

So - to be helpful to myself (and to keep you from killing me)

 

1. Is it true that, if he continues to keep documents/records, accounts hidden - in Cook County & is an Attorney of Record in OUR divorce case AND is caught in fraud/financial misconduct (regarding our marrital assets - loss of EVERYTHING - putting us in COMPLETE debt - possible tax penalties too) can he be :

a. disbarred?

b. Made to use personal trusts, property, assets to get us OUT OF DEBT (not asking for $, allimony - just NOT to be in debt - help jointly responsible for what has happened - I realize that I was ignorant

c. Harmless? (re: tax - debts - insurance - children's college?

That's the question in a LEGAL NUT SHELL.

 

Expert:  socrateaser replied 4 years ago.

The other attorney has declined the conversation. Please allow me to assist...

 

1. Is it true that, if he continues to keep documents/records, accounts hidden - in Cook County & is an Attorney of Record in OUR divorce case AND is caught in fraud/financial misconduct (regarding our marrital assets - loss of EVERYTHING - putting us in COMPLETE debt - possible tax penalties too) can he be :

a. disbarred?

A: Yes. The Rules of Professional Conduct prohibit attorneys from engaging in acts of "moral turpitude."


b. Made to use personal trusts, property, assets to get us OUT OF DEBT (not asking for $, allimony - just NOT to be in debt - help jointly responsible for what has happened - I realize that I was ignorant

 

A: Failing to comply with discovery is sanctionable with attorney's fees and adverse rulings on financial issues (e.g., you claim he has $1,000,000 hidden; he claims not, but refuses to produce accounting; court rules for you and imputes the existence of the money from the failure to disclose).

c. Harmless? (re: tax - debts - insurance - children's college?

 

A: The court won't ignore failure to comply with discovery. However, you will have to make sure your discovery requests follow proper procedure, because if not, then your husband can exploit those errors so as to continue to avoid production of evidence.

 

Hope this helps.

 

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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 33503
Experience: Retired (mostly)
socrateaser and 6 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

Hey there, socrateaser -

 

Thanks for the contact -

 

cool -

Listen, I'll have to "get back" to you between 11:30 & 1:30 CDT. Gotta run and meet with various "hired" attorneys & forensic accountants. BUT: KNOWLEDGE IS POWER and - since I am STILL playing catch - up - and now have OVER 2 dozen volunteers (My general internist - willing to document - lab tests & all - pristine blood yet: SEVERE anxiety/stress disorder...Psychiatrist - severe Stress/anxiety disorder....Jenna's (child's) pediatrician - advise for child to have personal advocate/mediator-denied by abusive spouse...professionals working in our home...professionals working with-known to both my husband and myself, my original attorney (I may switch) has decided she will NEVER meet with my husband in person again - he scares her/lectures her, etc) - anyway - I'll follow up with questions soon

It's overwhelming and a bit embarrassing to realize how "stupid"/ignorant I had/have been.

Thanks

Liz

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