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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116817
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am not happy with the mediation agreement.What can I do ?

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I am not happy with the mediation agreement.What can I do ? It has been signed, but not taken to court yet. Basically, I bought my house before the marriage for 6 years, but when my lawyer calculate the net worth of the house, he factored these 6 years as part of the community property. Plus, my wife's total net worth does not match with her income, she made about $300,000 in 6 years, but her net worth is only $90,000, I asked my lawyer about this, and he made a discovery request, but my wife never answered it within 30 days, and my lawyer never pursued it with further legal action. I signed away more money than I should, but my lawyer told me this is the best deal as I will lose more money if I don't agree to the mediation and go to the trial.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If you and your wife signed this agreement, it would be held binding UNLESS you prove that there was fraud and failure to fully disclose. Thus, in order to void the settlement agreement, which is treated as a regular contract until it is signed off on and entered into the court as a court order, you have to prove that it was void by fraud and improper disclosures. Absent proving such fraud, the fact you signed the agreement can be held against you to force you to remain bound by that contractual agreement as there is no "buyer's remorse" (so to speak) law that allows you to just rescind the agreement.

If your attorney is not pursuing discovery as you requested and is not fighting for you, then you need to instruct him to do so and if he refuses, you need to consider going to another attorney and terminating this one.

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Customer: replied 3 years ago.

The factor that my lawyer did not calculate my net worth correctly, and not go through the discovery process, would this be considered as misconduct on his part?

Thank you for your response. If he improperly calculated your net worth that is potential malpractice. Also, if he failed to properly investigate the other spouse and engage in proper discovery as prudent to protect you as a client, this too can be malpractice.