Mediation was done in earily march 2011 when the cr2a agreement was notarized. Divorce finalized 11/18/2012 and my lawyer blamed the Oc for not getting the QDRO drafted, now he's trying to get me to sign one that is all incorrect, with wrong addresses,dates of marrage ect. because the oc, my ex. and my lawyer finally signed it. Isn't this fraud? What should I do? Desperate!
Hello and thank you for choosing JustAnswer!Have you spoken with your attorney about the fact that some of the information in the QDRO is incorrect?Did your lawyer sign it knowing that he/she was doing so against your wishes?Once I have more information I will be glad to help.Thank you,Robert
Yes 3 times now I have told him. The ex's lawyer wrote it. I have tried to contact Legal dynamics to find out what the status is on that, they are only sending forms that I agreed to for there assistance to my lawyer. Wich I do not understand why that is his business. But not the QDROfor him to sign. I told my lawyer not to sign it. He said he already did. But I told him I will not and that it's fraud to sign a form that is all wrong. I sent him this email responding to his last request for me to sign it. This is back and forth from me, my brother whom is trying to help and my Lawyer.Lori, Both your facts and your conclusions are wrong on all material issues stated. I will only take time to address those pertinent to your getting the QDRO processed without further delay. You agreed that opposing counsel was to do the drafting and we would do the presentation. You did not want to incur unnecessary fees. Rather than bringing a motion to make the other side follow through, we pressed for compliance informally. We finally got the signed QDRO as drafted by Ms. Abele. She claimed she was done with further work on it. Typographical errors in her signed order could have and still could be corrected by hand. All it takes is her permission, not the redrafting of an order. Address changes are further captured by the materials you will receive from the plan administrator should you move again. The order cannot be changed every time there is a move. The test would be whether the court would sign it (which Ms. Abele said she had never had a problem with in Snohomish County), and then to see whether the Plan Administrator would have any problems with it. That could have been done long ago with your cooperation and it should be done without further delay. Your divorce is complete. The distribution of property often takes place thereafter, as would be the case when something has to be sold or a lien has to be satisfied. Those are matters of post-decree implementation that can be handled by anyone. If you wish to have another attorney do those things for you, please have him/her submit a notice of withdrawal and substitution for me to sign. That will put your new attorney in charge of processing the QDRO and any other loose ends, should you not wish to try to get the current order through the court and plan administrator first. After you have attended to the QDRO, you will be well advised to review the email exchanges memorializing the true facts behind the decisions you made as to spousal maintenance and other issues when you went against my recommendations. I accepted that you were determined to do it your way, but it is inappropriate for you to try to blame others who tried their best to help you when you were set to follow a different path. I will hope you immediately depart from that mode and get back to getting this implementation issue wrapped up. I will look forward to a prompt, accurate, and constructive response from you or your decision as to whom you wish to try to get the QDRO processed at this point. Scott C. Scott East LAW OFFICES OFC. Scott East, Inc. P.S.600 - 108th Avenue NE, Suite 1002Bellevue, WANNN-NN-NNNNXXX-XXX-XXXX
XXX@XXXXXX.XXX NOTICE: The information contained in this transmission is CONFIDENTIAL and may also be ATTORNEY-PRIVILEGED. The information is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that unauthorized viewing, dissemination, distribution or copying of this transmission is in violation of the Electronic Communications Privacy Act of 1986 (18 U.S.C. § 2700 et seq.) as well as Domestic and International Laws and Treaties. If you have received the communication in error, please immediately notify the Law Offices of C. Scott East, Inc. P.S. by telephone call to (XXX) XXX-XXXX. From: Lori Whitcomb [mailtoXXX@XXXXXX.XXX] Sent: Tuesday, April 24, 2012 6:56 PMTo: XXXXX XXXXX; C. Scott East; Lynda WilliamsSubject: Fwd: QDRO status? 1.)You have this all wrong. 2.)I'm not the one being difficult. 3.) Matt has not tried to contact me this weekend 4.) I'm not signing it because the QDRO does not represent me, the information is all incorrect and I have informed you twice and asked to see the original QDRO that my lawyer was suppose to complete during the process of my divorce, no such form done, that is failure to comply. 5.) It is a incompleate QDRO that the OC wrote, you all have all my information, did you do this on purpose? That's fraud? And so is the fake QDRO with all the wrong dates addresses ect.(basic information). Even if the Plan Administrator passed it I would not get my money for the addresses are wrong. I'm not signing a fraudulent document, why are you trying to get me to sign a form that would (add) seven years to my marrage? It states I was married in 1991 when It was 1997? It's a federal and state form, or was this a mistake? That's incompetence.6.) I'm affended, and financially and emotionally devistated, I also feel as I have been taken advantage of by the lawyers I was depending on to serve in my best interrest to take care of my case. 7.) I had to find someone else to do my QDRO properly, I never said I will be in there shortly to sign it, I stated I will let you know shortly and that I'm having someone look at it. 8.) It was planned for my lawyer to complete my divorce in a timely manor, for I am depressed and desolate without the money that was structured in the divorce settlement. I lost my business and cannot pay my bills, afford car insurance, go to the doctor or move on with my life. 9.) I agreed to less maintanance support trusting I would have the divorse completed in a reasonable period of time. 10.) It seems as I have been discriminated against for I'm a uneducated disabled female. 11.) As I have stated previously you would have been paid in full when my divorse was completed. 12.) Scott East, my lawyer has not completed my divorce. 13.) Let me get this correct about Mrs. Albiet -the OCs lawyer, Scott told Matt-my brother that the courts are being lenient on behalf of her incompetency over my destitute financial situation for losing our divorse files? So she could'nt write a proper QDRO on time? When in fact it was the responsability of my lawyer to complete it. Which by the way is rediculous for reasons in this modern day I shouldn't have to state and which is also incompetent. 14.) It is my money no one has the right to postpone/prolong ect. my settlement for their personal/company gains, that is failure to comply. 13.) I do not appreciate my integrity being slanderd and causing defamation against me. I myself have reviewed my documents. No one is pushing me to be clever and yes I am of sound mind. Just fed up and in need. Sent from my iPhoneBegin forwarded message:From: "Matt Wells" Date: April 24, 2012 9:26:32 AM PDTTo: "'Lori Whitcomb'" Subject: FW: QDRO status?Matt WellsWestern Mechanical Contractors, Inc.Phone: XXX-XXX-XXXXCell: XXX-XXX-XXXXFax: XXX-XXX-XXXX
XXX@XXXXXX.XXX-----Original Message-----From: C. Scott East [mailtoXXX@XXXXXX.XXX] Sent: Monday, April 23, 2012 6:52 PMTo: XXXXX XXXXXSubject: RE: QDRO status?It sounds like she was not forwarding all to you. We have spent a lot ofnon-billed time trying to get her to follow through, including today'stimeline I had John reconstruct following your enquiry as to activity in thelast month:3/20/12 QDRO signed by OC and OP arrives. Email scan to client and requestreview, approval, and signature so that we can enter in ex parte.3/21/12 Follow up with client in effort to get QDRO entered when NL wasscheduled to be in Snohomish County Court.3/27/12 Email to client following up, reminding her we can't enter the QDROwithout her signature and asking her to confirm our contact information forher. She replies "I'm sorry all this info. is wrong." with no clarificationas to which info (contact info or QDRO) is wrong.3/28/12 Follow up requesting clarification on incorrect information and forupdated information.3/29/12 Client emails requesting Original QDRO3/29/12 CSE replies informing client that if we get her signature on it, weare responsible for getting it entered, but will get her a certified copyfor her purposes.3/30/12 Client asks that we not sign on her behalf as she wants someone totake a look at it first.3/30/12 CSE forwards scan of QDRO to client and asks when she'll have hersecond opinion. Client says soon.Matt, John did not bring it forward from March 30, but as I recall, somecommercial outfit sent us a couple of QDRO orders that had some basicinformation in place, but which would have had to be resent to OC and OP forsignatures as a minimum (I think there was info missing, but thought itpremature to spend any time on them until we learned whether OC's version,already signed by all but Lori, would fly with the Plan Administrator. The bit above about Lori wondering if she could take the original before wefulfilled our responsibility to the opposition to get it entered, mayprovide a clue to some Lori's thinking, albeit I don't know what it would beother than her being pressured by someone to take the money and run withoutcovering whatever part of the fees you were going to have her payimmediately. If you can bring her around to more fulfillment of commitmentsand less to impress whomever is pushing her to be clever, 'twould be good. Thanks for getting back to me in any case. If time allows a call on otherloose ends, I would welcome that as well.ScottC. Scott EastLAW OFFICES OFC. SCOTT EAST, INC. P.S.600 - 108TH AVENUE NE, SUITE 1002BELLEVUE, WANNN-NN-NNNNXXX-XXX-XXXX
XXX@XXXXXX.XXXNOTICE: The information contained in this transmission is CONFIDENTIAL andmay also be ATTORNEY-PRIVILEGED. The information is intended only for the use of the individual or entity towhom it is addressed. If you are not the intended recipient, or theemployee or agent responsible for delivering it to the intended recipient,you are hereby notified that unauthorized viewing, dissemination,distribution or copying of this transmission is in violation of theElectronic Communications Privacy Act of 1986 (18 U.S.C. § 2700 et seq.) aswell as Domestic and International Laws and Treaties. If you have receivedthe communication in error, please immediately notify the Law Offices of C.Scott East, Inc. P.S. by telephone call to (XXX) XXX-XXXX.-----Original Message-----From: Matt Wells [mailtoXXX@XXXXXX.XXX] Sent: Monday, April 23, 2012 11:12 AMTo: XXXXX XXXXX EastSubject: RE: QDRO status?I guess I am behind in this whole thing.Did she sign one last year?Has she not contacted you at all since you asked for it to be signed about amonth ago?Matt WellsWestern Mechanical Contractors, Inc.Phone: XXX-XXX-XXXXCell: XXX-XXX-XXXXFax: XXX-XXX-XXXX
XXX@XXXXXX.XXX-----Original Message-----From: C. Scott East [mailtoXXX@XXXXXX.XXX]Sent: Monday, April 23, 2012 9:19 AMTo: XXXXX XXXXXSubject: Re: QDRO status?Yes, will do when I get to the office. But I'm not following the logic ofwhy she is delaying signing so she can get her money sooner. If it makessense to you, please fill me in. Sent from my Verizon Wireless BlackBerry-----Original Message-----From: Matt Wells Date: Mon, 23 Apr 2012 08:58:05To: XXXXX XXXXX EastSubject: RE: QDRO status?She says that it was supposed to be done by you last year right when thecase was done For some reason she says that she never got a copy of theoriginal and the 2nd one was completely incorrect with wrong dates and itemsbut she was ignored every time she asked for it She feels that this hascaused a huge delay and is the reason she does not have her money and thereason you do not have yours Didn't you do the quadro right away and theykicked it back?I thought that's what we discussedDo you have a copy you can send me?Matt WellsWestern Mechanical Contractors, Inc.Phone: XXX-XXX-XXXXCell: XXX-XXX-XXXXFax: XXX-XXX-XXXX
XXX@XXXXXX.XXX-----Original Message-----From: C. Scott East [mailtoXXX@XXXXXX.XXX]Sent: Monday, April 23, 2012 8:48 AMTo: XXXXX XXXXXSubject: Re: QDRO status?Thanks for letting me know. Any idea why she is upset about the QDRO?Sent from my Verizon Wireless BlackBerry-----Original Message-----From: Matt Wells Date: Mon, 23 Apr 2012 07:40:24To: XXXXX XXXXX EastSubject: RE: QDRO status?Scott-let me just say that Lori has been a little bit difficult lately Ihave not had a lot of success reaching her this weekend She is pretty upsetabout the quadro Let me try another avenue and see about getting her tocontact you later todayMatt WellsWestern Mechanical Contractors, Inc.Phone: XXX-XXX-XXXXCell: XXX-XXX-XXXXFax: XXX-XXX-XXXX
XXX@XXXXXX.XXX-----Original Message-----From: C. Scott East [mailtoXXX@XXXXXX.XXX]Sent: Thursday, April 19, 2012 10:36 PMTo: XXXXX XXXXXSubject: FW: QDRO status?Matt, I'm concerned, still no word from Lori. Do you think she's okay?ScottC. Scott EastLAW OFFICES OFC. SCOTT EAST, INC. P.S.600 - 108TH AVENUE NE, SUITE 1002BELLEVUE, WANNN-NN-NNNNXXX-XXX-XXXX
XXX@XXXXXX.XXXNOTICE: The information contained in this transmission is CONFIDENTIAL andmay also be ATTORNEY-PRIVILEGED. The information is intended only for the use of the individual or entity towhom it is addressed. If you are not the intended recipient, or theemployee or agent responsible for delivering it to the intended recipient,you are hereby notified that unauthorized viewing, dissemination,distribution or copying of this transmission is in violation of theElectronic Communications Privacy Act of 1986 (18 U.S.C. § 2700 et seq.) aswell as Domestic and International Laws and Treaties. If you have receivedthe communication in error, please immediately notify the Law Offices of C.Scott East, Inc. P.S. by telephone call to (XXX) XXX-XXXX.-----Original Message-----From: C. Scott EastSent: Thursday, April 12, 2012 7:17 PMTo: XXXXX XXXXX WhitcombSubject: QDRO status?Lori, You said you would deal with the QDRO soon, but I've heard nothing since asto when you can come in and get it signed. Please let me know when that will be. Thanks. ScottSent from my Verizon Wireless BlackBerryMy last response to that was that I'mnot sure what to do at this time and that I'll let him know.
Thank you for your follow-up.If your attorney signed the forms knowing that they contained incorrect information then you should probably report the attorney to the Washington State Bar Association. If it was done unintentionally then the attorney needs correct that information with the court. Ask your attorney to do this and if he/she refuses then you should make sure to get a good explanation for why he/she is willing to lead the court to believe incorrect information. That information must be corrected. If your attorney does not provide you with a satisfactory answer then you may inform him/her that you may be compelled to file a complaint with the Washington Bar Association.The following link contains contact information for the Washington State Bar Association:http://www.wsba.org/About-WSBA/Contact-UsI must also recommend that you do not post confidential communications between you and your attorney on this site as this is a public forum.I hope this has helped. Please let me know if you need further clarification or if you have a follow-up question and I will be glad to clarify or further assist.Thank you,Robert
Thank you, XXXXX XXXXX sent to the court yet without my signing it it sits. He asked me again to sign it and informed me that the dates/addresses are just typos and that the OC will address those and not to have a new one drafted because my ex. has already signed it and that it would take longer to get it done. But I believe he signed it because it's incorrect, and what about the QDRO company legal Dynamics? I tried to get free legal advice through clear and they told me I cannot untill my lawyer files a order to withdrawal when infact he told me in the email that I need to have my new lawyer to do that. So I'm stuck there. He is also charging me over $18,000. When he would have been payed in full if he would have made sure this was done in the time of mediation. Do I have grounds to sue him? Should I trust that they will fix it and sign the stupid QDRO that the OC wrote? Even though my ex. has signed it being incorrect?
Thank you for your follow-up.If your ex has already signed it and the document contains errors that your attorney believes he can easily correct then you probably should sign it. I suggest that you ask your attorney for a statement in writing that he will be able to correct the information that is currently incorrect. This will help you to bring an action of malpractice if something goes wrong later on because of the incorrect information.The legal Dynamics company is a different story. If you are unsatisfied with their services then you should request a refund or inform them of your dissatisfaction in order to be remedied for any unhappiness you are experiencing with them. If you paid for a QDRO then you should get one or get a refund. You may also want to request that they send future correspondences to you directly if you do not want your attorney to get the forms they send.Whether or not you have grounds to sue your attorney for malpractice will depend upon the communications between the two of you, your agreement of employment, and all of the facts of the case. You should wait to see exactly what will happen in your situation before committing to sue an attorney for malpractice. Having said that, the statute of limitations is 3 years for legal malpractice in Washington (that is you have 3 years from the time of the negligence or from when you should have known about it to file your malpractice suit).Should you need to retain a malpractice attorney then the following link will help:http://lawyers.findlaw.com/lawyer/practicestate/Legal-Malpractice/WashingtonI hope this has helped. Please let me know if you need me to further clarify my answer and I will do my best to further clarify. Thank you,RobertPlease remember to click “Accept” or the Green Smiley Face once you are satisfied so that I may be compensated for my work. While of course not required, positive feedback and/or a bonus are greatly appreciated if I have been helpful. To request my assistance again in the future, please go to the following link and enter your question on my profile page:http://www.justanswer.com/law/expert-askrobert/
What about him overcharging and causing me to have late fees for him not making sure the QDRO was drafted in may 2011? If I sign it I'm telling him I'm ok with him not representing me in a timely manor. It states on the cr2a agreement that they have 10 days to get the order drafted. It would have only cost me around 5gs and I would have been able to pay him in full with my settlement. I do not believe he has earned $18,000 or anything close. That will take almost half of my $ I need to live on pay debts and start my life over trying to get a decent income to live. What do I do about that bill?
Thank you for your follow-up.You should first dispute the charges with your attorney if you believe you have been overcharged. Then, if there is no resolution through any agreed upon dispute resolution processes you could speak to a malpractice attorney. I do not think that signing the QDRO is an indication that you are happy with the services provided by your attorney and you should still be able to bring a malpractice suit even if you sign this QDRO. However, if it will make you feel better then you always have the option of visiting with a Family Law Attorney sooner rather than later.I hope this has helped. Please remember to click "Accept" so that I can be compensated. Of course, I will be available to further assist you even after you accept one or more of my answers.Thank you,Robert
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