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David L
David L, Family Law Attorney
Category: Family Law
Satisfied Customers: 3255
Experience:  Practicing family law attorney in multiple jurisdictions
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I am in NY; My ex-wifes attorney filed an Affirmation to the Court to collect outrag

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I am in NY; My ex-wife's attorney filed an Affirmation to the Court to collect outrageous post-divorce fees from her, motion was denied). However her attorney slandered me and perjured herself in detail in the affirmation citing facts that are clearly contradictory to anything cited in the divorce.

I have filed a Grievance with the appellate division of the supreme court in NYS, but that is only a disciplinary committee.

How do I pursue reclaiming the funds unnecessarily spent by myself (and my ex-wife) in the course of her lawyer's unautorized behavior?

Submitted: 5 years ago.
Category: Family Law
Expert:  David L replied 5 years ago.

Hello. While a bar grievance is a disciplinary matter, any claim for monetary damages would probably fall under a civil malpractice claim. You can hire a local attorney who specializes in attorney malpractice claims to help you analyze the potential merit of your damage claim and to bring a civil malpractice suit against the attorney if the facts merit a case. Because your ex hired the attorney, a malpractice claim would most likely have to be brought by your ex.

Customer: replied 5 years ago.
However, now that my ex-wife and I have compared our detailed billing invoices from each lawyer, and examined emails and documents that were not available to each of us during the divorce, it is apparent that the lawyers "colluded" by either deliberately or implicitly staging unnecessary discovery, unnecessary re-scheduling of court dates, postponed settlement discussions to force a trial, and also seem to have deliberately withheld information from their clients.

Moreover, the billing activities of the legal teams, the topics they claim they were working on, the dates of their phone calls to each other just don't match up. I am just a civilian but it seems to be that their is clear misconduct on several counts as defined in part 1200 of the New York State code.

So I think both attorneys are guilty of malpractice and I am asking as a followup how the various civil suits should be staged between the four parties? By your answer I would sue my attorney, my wife would sue hers. But don't we each have a cross claim against the other that by their own malpractice they inflated the other parties legal bills? Is it better to consider launching these suits in our joint names?

Expert:  David L replied 5 years ago.
You could potentially sue together, although I think each claim ends up being an individual claim by each party against their own attorney. Also, while the disciplinary result is not required to bring suit, it may give you an indication of how a civil court might look at these claims. Thus, it might make sense to see how the discipline complaint proceeds.
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