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I am in the middle of a divorce. I was in a collaborative…

I am in the...

I am in the middle of a divorce. I was in a collaborative divorce and my wife pulled out of the process. My attorney suggested another attorney to take over since we were barred from using the same attorneys in the collaborative process. The attorney was not very good and messed up a lot of things on my side. In the request to produce, she did not send items (or at least that is what the other side portrayed) even though I know my office manager sent all of the items multiple times and we have the emails to prove it. Sorry, there is more

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

In FloridaI was held in contempt of court for not producing the documents and had to hire a new attorney. My office manager and many of the managers in the retail stores we own have been for depositions.

Lawyer's Assistant: Has anything been filed or reported?

My office manager was required to produce documents and took a box full of documents from the office. Recently she asked to have these documents returned as some of them were not in the One Drive system we use. The documents were returned to my attorney who sent them to my office manager. What she received was a bankers box with 12-15 files she took to her deposition and half a box of files for another divorce case from the opposing council. I believe the OC received the files I am being held in contempt for which I have paid a hefty fine. What should I do with this information? Should I contact the person whose files I have? I believe this proves the OC mismanages files and can help my case. I am afraid to bring it to my attorneys attention yet as he may be culpable as her forwarded these files to my corproate office. Obviously without knowing what they were.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that covers it.

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Answered in 2 minutes by:
3/7/2018
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 2,913
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.

Give me just a moment to review what you've written.

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You can contact the attorney's office and let them know you have the files. I don't know that it makes sense to contact the other divorcing parties unless you're purposely trying to create a nightmare situation for your attorney's office (which indeed is your right - I'm just not sure if that's your intention).

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That being said, if the lack of delivery of documents resulted in fines for you you CAN ask your attorney's office to cover the costs and use the file mismanagement as an example of their failures in the past.

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Customer reply replied 1 month ago
Can my atorney ask the other side to provide what they received and when?

Of course.

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The issue is whether you want that information copied and how much time it takes, etc., b/c they may try to charge you for that since your ex won't want to pay for it.

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Customer reply replied 1 month ago
You understand the files sent came from my wifes attorneys office and my attorney forwarded to me thinking they were my files taken by my office manager to her deposition. Doesn't this raise an issue about attorney -client confidentiality and possible malpractice for the firm that sent another clients files to my office?

Yes, it does. The question is whether you wish to notify the attorneys or someone else.

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Customer reply replied 1 month ago
Who would I notify other than the attorneys?

You could notify the parties involved in the other divorce and you can also notify the state bar.

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Customer reply replied 1 month ago
Are there any repercusions to me? Would this be cause to remove this attorney from my divorce case?

No, it would just cause a headache for him (or her) but it's not grounds for removal of an attorney - since it was a mistake.

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Customer reply replied 1 month ago
Thank You.

It's my pleasure. If you wouldn't mind, could you please take a moment to submit a rating so that I receive credit for working with you. If you have any follow up questions I would be *happy* to answer them. Experts only get credit for the time and effort we spend on our answers if you rate positively - 5 stars is definitely appreciated but not required! It DOES NOT cost you anything at all to submit a rating; it just allows me to get credit for helping you - otherwise I get no credit at all. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your question.

Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 2,913
Experience: Partner at Kent Law Group, LLC
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