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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27451
Experience:  Active member of the NYS bar since 1989
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Serious Question. Girlfriend has dueling TRO's with her ex

Customer Question

Serious Question. Girlfriend has dueling TRO's with her ex husband. His is up first.
The evidence he used to get the TRO was a Black and White copy of a goof around text message photo from years ago during their marriage. The specific photo was of her holding a BB gun - not pointing at anyone - just holding it - ORANGE TIP PRESENT. They submitted a BW copy to get the TRO from the judge originally which was a misrepresentation because the orange tip is not clear. Now at the TRO hearing the lawyer put into evidence the color photo -
Submitted: 2 years ago.
Category: Legal
Expert:  Zoey, JD replied 2 years ago.

My name is ***** ***** I will be assisting you with your question.

Your girlfriend can alert the judge to the conflict of interest with the lawyer, his breach of confidentiality, and his modification/falsification of the evidence. If she has a copy of the original color photo showing the orange tip on the BB gun, so much the better.

She can also file a grievance against the lawyer with his licensing authority. His bar willl take a complaint like this very seriously, and he will be investigated. If they find that your girlfriend's claim has merit, then they can sanction him, suspend him from the practice of law temporarily or even disbar him.
Customer: replied 2 years ago.

Thank you. It is a very complicated situation because his relative sat on the supreme court of the state and he also represents some unsavory fellas in your state.

I just was hit with something in Saturday's mail. Since you practice in NY, I feel I may converse with you, but do not wish for this to go out there in general.

This is a situation involving my former attorney, who dumped me as a client just prior to trial on my long fought divorce. I have been unemployed for over 4 months now, been denied unemployment (not a right to work state), have an upside down house, lost my car, wiped out my 401K, almost through my IRA, and about to go live in a borrowed RV (formerly mine that I had to sell). June 1 I have house taxes due, mortgages, minimum on credit cards, hotel bills (as I am looking for a job in NYC), not to mention general life costs [about 12,000 all together]. I was a 6 digit engineer married to a millionaire wife prior to the divorce in May. He is the president of the state's Bar Association. This is for a June 3rd court date. I do not have the funds to travel for the appearance. I also have 2 other cases out here that I am to appear as a witness in on that same date. I do not wish to postpone this particular date, but would rather address it in a letter to my former counsel and the judge (I have both of their emails, and he also already contacted the judge). One issue I have is that $3000.00 for collection fee was added to the bill, which was less than that. Just prior to his exodus, he received a barrage of emails from the opposing counsel on stuff that he had already provided. My attorney is billing me $75 for each one received! Just prior to his exodus, opposing counsel filed 3 emergency motions and provided false information on multiple instances in those arguments. The overstatements, which he admitted to when he and I were at the negotiation table just outside the courtroom on the day of the trial (and implicated my attorney) caused great financial harm to me as the judge ruled on that unopposed information. One statement I wanted to include in this letter was something to the effect of "As president of the State's Bar Association, is this the proper example of a man of this office? To take a man, whom he abandoned at the finish line, leaving him destitute, and forcing him to pay a few dollars just because he could?" What about life liberty and the pursuit of happiness? Should I open a new question? If so, how do I keep it out of my former attorney's hands?

Expert:  Zoey, JD replied 2 years ago.
Yes, this should be addressed as a new question, since it's on an entirely different topic.

Unfortunately, however this is a public website and questions and answers are on the web and potentially searchable. While the question is live, it has to be public so that you and the expert can communicate. Once the question is over and the expert has been rated, the site can lock it for privacy which will remove it from the web.