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My attorney dropped me in his representation of me in a

Superior Court Appeal and now...
My attorney dropped me in his representation of me in a Superior Court Appeal and now and I am pro se. He wrote the complaint and I have to deal with what he submitted since the hearing is on Nov 1. It all centers around a Power of Attorney Accounting that I submitted. I had a judgment against me and my wife for $131,000. I was granted the Appeal, a Stay, and a trial de novo.This is what he wrote on my behalf in Superior Court for Count 1:Pursuant to Connecticut General Statutes paragraph 45a-186, the Plaintiffs are aggrieved by the said Decree and appeal from the same for the following reasons:1. The Probate Court made numerous erroneous findings of fact and relied upon those erroneous facts in making rulings against the Plaintiffs;2. The Probate Court found that the Plaintiffs breached their fiduciary duty to the conserved person when the Plaintiffs did not breach their fiduciary duty to the conserved person;3. The Probate Court disallowed costs and expenses and has ordered the Plaintiffs to repay certain sums when said costs and expenses should have been allowed;4. The Probate Court decision is arbitrary and capricious and, in essence, finds that the Plaintiffs are the indentured servants of the conserved person and are required to care for her 24 hours per day, 7 days per week without compensation or allowable costs and expenses; and5. The Probate Court issued no rulings with regard to the actions of INTERESTED PARTY, who also had been appointed as Attorney-in-Fact for JANE DOE sometime prior to August 7, 2014.Questions concerning counts:
1. I do not understand what I am supposed to do in front of the Superior Court. Do I just hand the accounting to the judge and ask the judge to accept it? or do I have to prove each of the Counts listed above? If so, how do I do that?2. There are several defendants as interested parties. The person I had a relationship with as POA Admitted that she approved and approves of EVERYTHING I and the other PLAINTIFF did as her POA. Shouldn't I win just on that note?3. My attorney listed several other interested parties as defendants, including the original other POA who motioned in the probate court for an accounting and objected to it. Did my attorney have to do that, that is list a bunch of other people in my family as interested parties? Could he have not have listed the other POA in my Complaint thereby not giving her a chance to object?4. Does the "fun begin" when I hand in the Accounting and the other interested party objects?5. What if no one objects when I hand in my accounting. Do I "win" at that point? In other words, does that mean the Superior Courts acceptance of my Accounting means I do not have to pay back the $131,000 that the Probate Court ordered me to pay back?Questions about Mistakes I think my attorney made in the first hearing:
1. When I signed the Accounting it said that all the activity in this accounting are my responsibility, which means that the judge even made me pay back things that JANE DOE did financially. I didn't understand why at the time, but I think this is why. I think I have to submit the accounting again but only label what my particular actions were as POA. Is that wise? How do I submit a new accounting in a trial de novo? When do I? at the Trial Management Conference or before? Can I use the Accounting as part of an Admission with JANE DOE and have her admit that only a few of the transactions were actually mine as POA and mark the ones I claim as part of my POA actions? JANE DOE does not want me to pay back anything because she approved everything in the first place. Her testimony was not allowed because the probate judge wasn't sure she was competent or not, even though she had never been shown to be incompetent.2. The other PLAINTIFF was my wife at the time (we are divorced). We had POA severely. She did 99% of all the transactions from a joint bank account with JANE DOE. I did none. She did 100% of credit card purchases. Why did the probate judge make us both responsible in the judgment? I know we were married, but shouldn't he have made us responsible for our particular actions since we were POA severely? How do I use that to my advantage or bring that fact out in my Superior Court appeal?Lots of questions I know. Please educate me on whatever questions you can. I'll ask the unanswered ones again here on Just Answer. Thanks.
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Answered in 1 hour by:
10/8/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,843
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Customer reply replied 4 months ago
Do you think you will be educating me on this question? If not, could you release it so another justanswer attorney could take a crack at it? Thanks.

Sorry for the delay, it seems there was some system problem that caused me to not be able to access your question, technical support had to fix the problem and hence the delay.

1) You have to present all of your evidence again before the Superior Court. A trial de novo means you are going to have a brand new full trial. So you are responsible for presenting your entire case again in front of the Superior court, including presenting all of your evidence. This means you need to get to the court library and get a copy of the CT Rules of Evidence, because you need to put on witnesses to authenticate (testify about) any evidence that you intend to submit. The witnesses need to have first hand knowledge about any documents you intend to submit.

2) You would need to put the person on the stand to testify to the court that she approved of everything that was done and it was done in the best interests of the party. If she is competent and does testify, then you could win just on that testimony alone.

3) Yes, he needed to list all of the interested parties and you will need to question them in court to make them present their proof of why you acted inappropriately as they claim.

4) The fun begins when you have the accountant testify as to the accounting and to why it is appropriate. It is up to the accountant to justify the accounting.

5) If the accounting is proven accurate by the accountant's testimony, then that is evidence in your favor.

I cannot EMPHASIZE ENOUGH, based on the questions you are asking, that it would be in your best interests to hire a new attorney to represent you. The amount of money in question would make it very much worth it to you to hire a new attorney instead of going pro se and you should be looking to get one because many of the things you are going to need to do in court to overturn the judgment take attorneys years of practice to learn and you trying to learn them in only a month is almost impossible.

If you have a new accounting, you need to present the new accounting now and you need to have the accountant testify in the superior court as to why it is a proper accounting. Again, if Jane Doe is able to testify, you need to put her in as a witness and question her.

If your ex wife did the transactions, you need to put her on the stand as a witness to get her to admit to it. If you were severally PoA, then she could be held solely accountable for her actions.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,843
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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