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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11740
Experience:  19+ Years of Legal Practice in Family law matters.
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https://docs.google.com/open?id=19JQj3fTG0fnXqrXJoLovzp60O_VwesH13NZkXEeDAf7ip2cFg_IbnOujw

Resolved Question:

https://docs.google.com/open?id=19JQj3fTG0fnXqrXJoLovzp60O_VwesH13NZkXEeDAf7ip2cFg_IbnOujw8Qo

What should I do?
Submitted: 2 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 2 years ago.
*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.

What is your question please, more specifically? (I realize you are in a high conflict divorce.) Please post it here, thanks!
Customer: replied 2 years ago.
it is more about privacy.
ii trust you will delete this if you know any parties involved

https://docs.google.com/open?id=19JQj3fTG0fnXqrXJoLovzp60O_VwesH13NZkXEeDAf7ip2cFg_IbnOujw8Qo

What should I do?
Customer: replied 2 years ago.
better link
https://docs.google.com/open?id=0B0AyJmbrt05JOWViMGMwZTktZjRhZi00OWE2LWE4MzgtNDgyODZhZmY4NzI2
Expert:  AlexiaEsq. replied 2 years ago.
Unfortunately, I can only answer legal questions, and I don't see your specific question. Allow me to opt out so another can assist you.
Customer: replied 2 years ago.
the specific questionsare
-should i file a hudicial disability as my attny suggested?
-should i file a malpractice claim?
Customer: replied 2 years ago.
the specific questionsare
-should i file a hudicial disability as my attny suggested?
-should i file a malpractice claim?

come on chicken
Expert:  AlexiaEsq. replied 2 years ago.
Lol, OK, I can not resist a dare. Give me some time, when I get back into the office I will read that rather lengthy attached link and answer (to the extent possible, since I can not give you legal advice on what choice you should make) your 2 questions. Til then, have a terrific Sunday!
Customer: replied 2 years ago.
hope you enjoying your day
thanks

the real underlying issue at least in my head is that several people have come to the conclusion that i am a dirtbag

but even if i were the most evildoer out there im still entitled to a fair hearing. But i truly never assaulted her in any way.

But she is convincing.

If I take her deposition and testimony, I can pull out numerous incidents of perjury. Should i or will that seem petty.

Thought about sending all the proof to her attorneys If they do not recuse themselves then trying for further attempts at throwing this out.
Expert:  AlexiaEsq. replied 2 years ago.
Can you check your link? For some reason I can't now access it. Thanks.
Customer: replied 2 years ago.
sorry, i took it down.

here is a new link

https://docs.google.com/open?id=16DLuOT2XTpxI0Zs3M5v0Xj0FWsvJfwAP3znsvf-6fG151g6uFWRrZMSKp8wY
Expert:  AlexiaEsq. replied 2 years ago.
OK, here were the questions asked of me:

the specific questionsare
-should i file a hudicial disability as my attny suggested? Please tell me which paragraph you discuss this suggestion of your attorney? I used the 'find' function on your site and only one instance showed up, and it had nothing to do with "hudicial" disability (or "judicial" for that matter). Of course, I am not familiar with that site, so perhaps my search function didn't properly work, but in any event, please direct me specificiallky to the paragraph that same is referenced (or retype (or cut/paste) in concise one paragraph here).

-should i file a malpractice claim?
Please either tell me which paragraph (# XXXXX XXXXX) that you discuss legal act you believe may constitute malpractice OR, if you spread it out over the numerous pages of other facts, please type here in a concise paragraph the actions for which you would consider a malpractice claim against your attorney - there is multiple pages attached that includes facts not related to same, so please just sum up that part very concisely, to help keep this interaction with the scope of the chosen transaction (i.e. not hours and hours of review).

Thanks, XXXXX XXXXX forward to these details.
Customer: replied 2 years ago.
This sort of captures the attorney actions
Key Issue #1
Leaving out key evidence directly against my desires, given I had requested in writing, which seems
that it was apparent as I picked up on the need, as well as the judge. As in every case is a point in the
courts opinion

Evidence demonstrating alienation, disregard for child, use of child as a weapon
parentification of child, general belligerence by the Plaintiff toward the Defendant.

PO Hearing transcript not submitted, showing how Plaintiff's statements change over time,
impeaching the Plaintiff.

Critical emails omitted showing timeline of events on June 13 2010, among other items
including many deceptions, manipulations, and otherwise poor conduct by the Plaintiff toward the child
and spouse.

Refused to allow Defendant to speak to address holes in the testimony, stating I would be able
to later. Then stating it was too late. Despite numerous requests in writing and in the court room.

Told Defendant not to accept a settlement offer the first day of trial. Failed to rethink once they
heard the judge had a reputation for bias. They repeatedly informed the Defendant of how unfair the
judge was being. When Defendant requested to settlement during trial her retort was: ''We can
advance the settlement offer but we know it will be rejected, so tell me why we should.''

Witheld 2010 Tax return for several weeks, Defendant supplied it to Donna Rismiller at first
hearing (June 1). Opposing counsel did not receive a copy until August. Creating the appearance of non
cooperativeness. While on the stand the Defendant was asked by opposing counsel, the Defendant's
attorney failed to correct any misunderstanding.

The Defendants attorneys made false statements that mislead the Defendant and created an
illusion of deception. They had access to information prior to the hearing and following hearing the
Defendant supplied Counsel with the correct information. The errors were never corrected as the
Defendant had requested.
Expert:  AlexiaEsq. replied 2 years ago.
Thanks,

This sort of captures the attorney actions
Key Issue #1
Leaving out key evidence directly against my desires, given I had requested in writing, which seems
that it was apparent as I picked up on the need, as well as the judge. As in every case Case? Or Evidence? Can you clarify this sentence? is a point in the
courts opinion
OK, here is my general thoughts on when an attorney does not include evidence that a client thinks important - It COULD be malpractice if a reasonably competent attorney would have included it AND if the failure to include caused damages - ie. did the omission materially contribute to your losses? Also, to help you confirm the first part of the above, make sure you can establish that the evidence would have been admissible - there is often great evidence that we want desperately to introduce but which is NOT admissible - it could be because it is hearsay for which we can find no exception, it could be because we can not authenticate it - which are both obligation that must be overcome. For instance, let's say you had a document you wanted to put into evidence - but since the words on the document are generally hearsay, you need to, instead, bring in the writer to testify as to those facts/words - if you can't get him to testify (say, you can't find him to serve him a subpoena), you may not have a method to bring in the document itself, to prove the truth of the words noted on the document - this is a precautionary rule to reduce fabrication of documents to try to get in facts that are not really facts...ergo, authentication and hearsay can come into play.


Evidence demonstrating alienation, disregard for child, use of child as a weapon
parentification of child, general belligerence by the Plaintiff toward the Defendant. See above. Analyze the evidence you wanted in and see if it could have been brought in - also, did the attorney get those facts in via another course of admission, such as, did you not testify to the above? You, as witness to these acts of the plaintiff, may be the "best evidence" of these facts. HOwever, I could also see that if there was a 3rd party witness, that could be very helpful because if he is objective/unbiased, his testimony could be very helpful becuase typically parents/litigants themselves are considered to overall reliable - given that so many lie to screw the other one.


PO Hearing transcript not submitted, showing how Plaintiff's statements change over time,
impeaching the Plaintiff. The transcript would not necessarily be admitted. What typically happens is that the same question that was asked at the hearig, can be asked on the stand of the plaintiff, by your attorney. When plaintiff gives differing answer, the attorney can say, "do you remember testifying at the PO hearing?" YES. "Could you take a look at this booklet? HANDS IT TO HER. "Does this appear to be the transcript from that hearing?" YES. "OK, please go to page 10, line 24." SHE DOES. "Please start reading there, where is says, "prosecutor:...and don't stop until you get to page 25 line 8"...So he gets her to read in her own testimony. He need not even jump the hoops to try to get in a transcript, since her own current testimony gets it in.....and gives the great impression of her differing stories. So, just make sure he didn't do that or, again, us a different piece of evidence or method to get in what you wanted from that transcript.

Critical emails omitted showing timeline of events on June 13 2010, among other items
including many deceptions, manipulations, and otherwise poor conduct by the Plaintiff toward the child
and spouse. Did you testify as to what emails you received and how they appeared to be sent by her? Problem with emails is that they too are hearsay. Believe me, hearsay is a pain in the bumm...There are ways of tricking the plaintiff into conceding the statements in the email, but getting these pieces of paper in that you can not authenticate as having come from her computer or her (unless you have an expert who could analyze her computer to testify that indeed, she did send these words from her computer)...is often one of those pieces of evidence that are NOT admissible.


Refused to allow Defendant to speak to address holes in the testimony, stating I would be able
to later. Then stating it was too late. Did the judge to this or your attorney. I DO have a problem with this - if the attorney did it, I'd lean malpractice if those other items noted above were evident. If the Judge did it, I'd consider appealling, based on due process issues.

Despite numerous requests in writing and in the court room.

Told Defendant not to accept a settlement offer the first day of trial. OK, it is his job to advise, of course.

Failed to rethink once they
heard the judge had a reputation for bias. Hearing that a judge has a reputationfor bias may or may not a basis, considering that every judge has such a reputation by some people - and I mean that. We hear that all the time by the losing party. Doesn't mean it is not true - but it clearly has not been proven true, since he'd have been removed from the bench. I don't think this one is your strongest point.

They Who? repeatedly informed the Defendant You are defendant, right? of how unfair the
judge was being. When Defendant requested to settlement during trial her Who, your ex?

retort was: ''We can
advance the settlement offer but we know it will be rejected, so tell me why we should.'' I'm not sure I see a real legal problem with this rhetoric.

Witheld 2010 Tax return for several weeks, Who did, your attorney? Defendant supplied it to Donna Rismiller Who is???at first
hearing (June 1). Opposing counsel did not receive a copy until August. Creating the appearance of non
cooperativeness. Was the 2010 return damaging to you?

While on the stand the Defendant was asked by opposing counsel, Asked what???

the Defendant's
attorney failed to correct any misunderstanding. Sounds like Def's attorney was self serving in that way, no? But again, if no damages resulted, no malpractice claim can lie, because damages are a necessary element. However, you CAN file an ethics claim against an attorney, for handling your claim incompetently.

The Defendants attorneys made false statements that mislead the Defendant and created an
illusion of deception. They had access to information prior to the hearing and following hearing the
Defendant supplied Counsel with the correct information. The errors were never corrected as the
Defendant had requested. Were they material? Would a judge think they were material to the case?

I understand your frustrations. As a lawyer, when my client needs or wants a particular action, if I don't think it wise, I explain, typically in writing, the risks of his proposed suggestion, since typically the client does not know of the extenuating legal ramifications of a particular action. If it is the type of decision reserved to the attorneys discretion, I make it and tell him so. I do not leave him hanging or confused. If it is something he should have final say on, even if I disagree, I provide written reason why I disagree, let him consider, than do as he wishes, even if I personally and professionally wouldn't make that choice myself. But the rudest behavior is not addressing it, one way or another, with the client. So rude. And, of course, at times could be malpractice.


I hope this provides you some food for thought.

I hope this helps clarify for you.

Because I help people like you here, for a living---this is not a hobby for me---I sincerely XXXXX XXXXX abiding by the honor system with regard to Accepting answers, by Clicking your ACCEPT button now. Feel free to follow up after, if you need clarification. An ACCEPT also assures that I can assist you again. A BONUS is a wonderful way to tell the expert her time and effort are appreciated. I wish you the best in your future.

AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11740
Experience: 19+ Years of Legal Practice in Family law matters.
AlexiaEsq. and 6 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
here is a big one in my mind


Additionally on August 9th email printouts were misused to create and reinforce false statements to the
court and created an illusion of deception by the Defendant. The Defendants attorneys did make false
statements to the court. Then knowing the facts failed to correct the error in spite of requests from the
Defendant. This apparent fraud upon the court, at a minimum mistake in the face of contradictory
evidence, did affect the judgment of the court as shown in the opinion. On page 29, paragraph 3 the
opinion states: ''he seemed to loose his place in time'' ... ''he became visually upset recognizing he had a
devastating lapse in memory, lost his usual polite demeanor and stated 'Oh Shit' (Defendants #62).''
Further this was not corrected post opinion. The Defendant is left with a vanishing ability to view this
as anything but intentional, hence fraud not incompetence. In reality the Defendant was under the
impression his daughter had acted out at school saying “suicide” as a result of her Mothers attempt two
days earlier.
On August 9th Beth Conklyn took scraps of emails from June 4th and asked the Defendant about the
times he had talked to Ms O'Toole, the principle at the child's school, about the child saying ''suicide''
at school. There was only one occasion the Defendant was aware of, and that was sometime prior to
April 16th, as it is referred to it in an email on that day to Dr Snyder. Ms Conklyn came on the case in
late May. Defendant's records show a first meeting the 25th. Defendant's attorney had mentioned that
Ms Conklyn had spoken to the school and the child had acted out twice at school (See Defendants #62).
Once in 3rd grade placing stickers on kids backs with inappropriate phrases on them. Then once in
forth grade where she said something inappropriate to another girl. The child apparently used the word
''suicide.'' Ms O'Toole reported the same and said a witness corroborated the child's version.
Defendant was taken aback that Ms O'Toole seemed more concerned about a girls hurt feelings than a 9
year old daughter of divorce talking about ''suicide.'' There are several items pointing to this not
occurring in June:
1. A voice mail from Ms O'Toole asking for us to call in and thanking Missy for the Christmas
presents, seemingly implying it was much earlier in the year, than June (likely not in evidence)
2. In addition to the April 16th email to Dr Snyder where I refer to the ''suicide'' statements.
3. In the June 4 email itself, to Ms Conklyn, it specifically states that his school discussion
occurred in April. It does state April 19 but it must have been prior due to April 16 email to
BIA.
Ms Conklyn sat down from trying to get me to make some statement about another time I talked to
school about the child saying suicide at school. So the Defendant had no idea what Ms Conklyn had
been referring to.
Next Defendants attorney Donna Rismiller stood up in redirect after Ms Conklyn, gave the Defendant
the same email but an unaltered copy showing the date was June 4th, and suggesting that the discussion
with the school had occurred on June 4th. The Defendant had not looked at those emails in over a year
and could not have recalled that level of detail in any scenario given he had no reason to think much
about those emails prior. Ms. Rismiller successfully coaxed him to state that it appears that the
discussion appeared to happen on June 4th. But she had the email and in it, it states that the discussion
occurred in April. A few minutes later the court recorder picks up the Defendant's attorneys stating to
each other (paraphrasing) "it looks like it is working." This as Mr Jorgenson cross-examines the
Defendant on this topic.
This coupled with her nervous requests to have the Defendant focus on busy work just after he told her
he was going to look into it. She actually scolded me saying something like :"You tend to do your own
thing but tonight I really need you to focus on these things." These things were some insurance crap,
Erin's writings and drawings, and a baptism cert for Erin. All of which I did and non of them were
used.
Customer: replied 2 years ago.
honestly i think the actions are so outrageous as to call it criminal.

Corrections:
As in every "case" Case? Or Evidence? Can you clarify this sentence? is a point in the
courts opinion
As in every "instance" Case was a poor choice
basically I felt there were several key items as did the judge as they were dings in her opinion

In all instances I am referring to her (my attny)
yes i am the defendant

MD has rule 2-535 that allows the court to revise at any time for fraud, mistake, or irregularity.

Do you think this applies?
Expert:  AlexiaEsq. replied 2 years ago.
Hi,

Ouch, probably not because the Judge heard and ruled on exactly what you are complaining about and you will be unable to prove what you asked your lawyer to do - moreover, that would not be fraud, I don't think, your lawyer refusing to give you the respect and decisionmaking authority in your case. I think it would tend to more be malpractice if you can establish the necessary elements, as noted above. And, possibly appealable actions, but that is an appeal you must take, literally, within several days of the judgment. If your adversary put in evidence that was actually fraudulently created, and you can prove it, and it was very material to your loss, then I think you could vacate this judgment possibly. But that doesn't seem to be the case here.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11740
Experience: 19+ Years of Legal Practice in Family law matters.
AlexiaEsq. and 6 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
well, my attorney misrepresented the evidence. not the adversary

ie my attorney made false statements

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