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AttyCBradford
AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 588
Experience:  Criminal Defense and Family Law Attorney serving California Statewide
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Hello again. My husband sent

Resolved Question:

Hello again. My husband sent my atty a divorce settlement offer for me to "accept"...I was not happy with what my atty suggested I "settle" for, so I asked if I could counter offer. I discussed what I wanted in the counter offer. My atty then said he would draft the counter offer up and let me look at it before he sent it to my husband's atty. I just called his offices, and they said he "already sent it off to the atty". I didnt get to see a copy of the counter offer before he sent it. Is this legal to do this without me seeing the draft first? I am mad, because what if he didnt include some of the things we had discussed?


 


PS. I had emailed my atty the items of what I wanted included in the counter offer in an email...but knowing the incompetency of his staff, I wanted to check it first

Submitted: 1 year ago.
Category: Family Law
Expert:  AttyCBradford replied 1 year ago.

AttyCBradford :

Your attorney should always be reviewing documents with you before sending them to opposing counsel. Why did they not discuss it with you

Customer: I was
Customer: I do not know why I was not shown. Since my husband sent the settlement
Customer: I have left msgs and sent emails to my atty who forwarded me the opposing counsils emailed offer. I spoke with my atty briefly about not being happy with this offer and he then told me to put what i wanted from my husband in an email so i did that and sent it to my atty. during our phone call he said he would let me check the counter letter before he sent it. I heard nothing from him for a week despite calling him, emailing and texting. I didnt get any communication from his assistant either so i called the assistant this am to find out where my counter offer was for me to check and assistant said they had already sent it last week! I was upset cos he could have put anything down. I told assistant that i wasnt happy and she then said she would " try get atty to send me a copy"!
AttyCBradford :

It sounds like there may be a "breakdown of communication" between your attorney and you. As for sending letters to opposing counsel, we do not always have to have the client "approve" them. However, I would never send a counter offer settlement without my client reviewing it first due to the fact that, if it is not what you want I have misrepresented the offer.

AttyCBradford :

I would put it in writing that you are not happy that the attorney acted in the manner and you want to review the document immediately.

Customer:

Who would I send that letter to?

AttyCBradford :
AttyCBradford :

You would send the letter to your attorney directly and i would also send a copy to his supervisor if he has one

Customer:

I see. What difference would it make now?

AttyCBradford :

If you need to report them to the bar, or if your husband wants to accept the offer and it is NOT what you thought was being offered

AttyCBradford :

It documents that you did not give the attorney the authority to make that offer

AttyCBradford :
Customer:

ok. Thank you

AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 588
Experience: Criminal Defense and Family Law Attorney serving California Statewide
AttyCBradford and 3 other Family Law Specialists are ready to help you

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