Family Law Questions? Ask a Family Lawyer Online.
I did not include that the divorce process started in Oct 2010. In February I learned my ex-wife obtained a referral for her first attorney from the wife of a partner in the firm I hired. I raised concerns with my attorney and he said there was no conflict. Many months after the trial I learned that in July 2011 my wife's friends got together to help her and she hired a new attorney. Those friends were also friends with her new attorney and the wife of the partner at the firm I hired.
What I never expected was for my attorney to collaborate with her attorney and then to be told the judge was leaning towards awarding 50-60% of my gross pay when the judge never said that. Then to be financially devastated as a result. I'm not an attorney but that is wrong.
I think your efforts should be spent on the malpractice suit. The trial outcome was based on an agreement so when you appealed the denial of the motion to vacate, it was a "de novo" review, meaning the appellate court took a fresh look at the settlement facts, not the trial, evidence and made its own decision, without relying on or giving the judge's discretion any weight. I think you have exhausted your review rights. I think another motion to vacate would be met with the defense "res judicata" meaning it has already been decided - it will not be vacated. The fact that your trial attorney just sat silent for the first half day of trial, sounds like he wasn't prepared or had no/little trial experience, as in making objections or questioning witnesses and then basically advised you to take an unreasonable settlement. I will follow up with you tomorrow as needed. No you have a written opinion from an attorney supporting your malpractice claim - meaning have an expert witness set up to testify?
Thanks for your response. My case is so corrupt and my civil rights have been violated. To have to sift through attorney lies and judges protecting them sicken me. There is so much I could share but I will fight in the courts here and do my best to protect my rights, the rights of my sons and hopefully protect anyone else from having to enduring the corruption of Illinois courts. Again thank you.