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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26017
Experience:  Litigation Attorney
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I am going through a divorce, the husband side. It has been

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I am going through a divorce, the husband side. It has been on going on for more than a year. I am not getting the fair treatment. First, her attorney's conducts have been very poor. Second, it is more than likely that I am a victim of reverse-discrimination. Any thoughts?

There are two questions. I talked to her attorney when I was starting up this divorce case. Yes. I filed it. I did not choose him because he was not good at all, the arrogant liar. Then, she chose him. Is it legal? I am on the second attorney now. The first one was not good at all. So, I let him go. The second one is not good, either. Nobody wants to go against this arrogant attorney. We had the trial dates. During the transition of attorneys, her attorney cancelled the trial dates and did not tell us. I found out that the trial was cancelled by him one day before the mandatory pre-trial mediation. Is it legal to cancel the trial like that?
Submitted: 4 years ago.
Category: Legal
Expert:  Roger replied 4 years ago.

If the attorney didn't take you on as a client, it is legal for him to take her as one. However, if you told her attorney something in confidence, he cannot use this information against you without your waiver/consent. It can create a conflict of interest, which should require him to withdraw, or wind up causing a bar complaint to be filed against him.

 

Needless to say, it is not a good idea for him to do this, but it happens all the time.

 

As for changing the trial date, there is noting wrong with doing that.

Customer: replied 4 years ago.
The trial date was cancelled completely by him without my consent. I have got the new one, but it is two months after the original one. I had to do the whole process of getting the date, which cost my attorney like $600. By the way, she is on the flat rate with her attorney, so she has got the unlimited resource for the use of attorney. The implication is that this divorce is going in on for forever like this. Her attorney is simply good at screwing me up. With him, she is not following even the binding agreement. I was to take care of it at the trial, but he cancelled it, and now it is two months later. Meanwhile she keeps breaking the other agreement, for example, the parenting plan, so I need to use my attorney to defend. By the way, she is supposed to follow it, meaning more money to my attorney for her wrong behavior. Again, she has got the flat rate, so she can do whatever and does not have to pay anything.
Expert:  Roger replied 4 years ago.

You can file a motion for contempt against her if she is not following the court orders.

 

You can also file a motion for sanctions against the other side for intentional delay, etc., vut this is often difficult to prove.

Customer: replied 4 years ago.
I went to the court for the contempt of hearing regarding the parenting plan, and I completely lost. Her attorney knows what he is doing. For one year plus, I have been telling my former and current attorney what I need for the settlement and what I have to do to defend myself against her. Both of them have been extremely reluctant to do anything to defend against her attorney and her. I know both of them have been talking to her attorney behind my back. Both of them have been trying to push what she needs all the time because they say she is the female in this divorce and her attorney said so. Hence, I mentioned about the discrimination earlier.

Her attorney is well known for his lies and bending the rules. It appeas that both of my attorneys are afraid of dealing with him. I confronted my former attorney for not defending me against her attorney. He told me he did not want to deal with his conducts. Together with my former attorney, both of my attorneys have been telling me to give up everything because it will be cheaper at the end. For example, she has stolen some money and properties, which governed by the binding agreement. Her attorney has been telling me there is no such agreement exists and I see their signatures on the paper. My attorneys have been telling me to just let her steal because it is cheaper to let her steal than going to the court.

Plus, I have got the completely unfair treatment from the commissioner because her attorney cleverly tricked him into it. It was during the mediation session. My attorney even told me that it was a bad mediation and her attorney screwed me up. Nothing has been done to correct because my attorneys say they don't want to do anything even if it is not right.

You just hit the nail. Her attorney is extremely good. He knows what he is doing, and everything he does is borderline illegal and something very difficult to prove or have the contempt. Then, for some reason, no attorney wants to deal with it to have the defense for me against him. So, I am getting screwed up without the ability to speak up.

Is there some way to have the court take over this divorce case for the review? I would like to have the court look at this case step by step on what happed during this year plus. It is quite possible that her attorney is the pinnecle of the attorneys in this county, and every other attorney is just afraid of him. I saw what he did at the court. I also saw my attorney even did not make any objections against him. I ended up losing totally without being heard.
Expert:  Roger replied 4 years ago.
The court's not going review the case. However, you could file an appeal or you could file a bar complaint against the attorney.
Customer: replied 4 years ago.
I have tried to file the grievance with the bar with the two attorneys I have had so far. They have told me that it will cause more problem, like the retaliation from her attorney and told me, again, to just obey what her attorney has been doing even if it is like breaking the binding agreement. Yes, they have been telling me to give up and trash the binding agreement.

Do you agree that I just have to get screwed up completely because her attorney is simplly good? What he does is totally legal probably. It is very unethical, but he is so good that he will just continue to be unethical without troubles.

It is simply beyond explainable to me that her attorney can break the binding agreement with his signature on it.
Expert:  Roger replied 4 years ago.

I agree with you. It appears that your attorney is extremely intimidated.

 

A written agreement duly executed should be upheld, and the judge should hold him to it. The attorney can't break the law and force the judge to do the same. Hopefully, the judge will do the right thing.

Customer: replied 4 years ago.
What is a written agreement duly executed?
Expert:  Roger replied 4 years ago.
This just means that the document was signed by the person of their own free will without duress or coersion of another person. It is best that the document be notarized to ensure no one backs out or alleges that he/she didn't sign it.
Roger, Attorney
Category: Legal
Satisfied Customers: 26017
Experience: Litigation Attorney
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