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    Post: defimation of character,loss of counsel

    Posted by Nancy Beach on 4/02/05


    2 sisters going thru a divorce and they have the same
    lawyer, the husband have the same lawyer also. The 2
    sisters own a piece of property together. One sister goes
    to her attorney and tell him that he sister is having a
    relationship with her husband,. (this is not true) the one
    sister looses her counsel and the husband to the sister
    that says this rumor looses his counsel. These 2 sisters
    have a joint owned piece of property also togheter. The
    attorney tries to claim that he drops the one sister due to
    conflict of interest in this property one wanting the
    property high the other wanting it low. The sister that
    started the rumor gets a very high purchase offer on the
    property after appraisals are done. This was sent by her
    counsel to the other attorney's with a letter of accepting
    this as the price for division of property or the attorney
    will be forced to go to the court to have it sold.
    The one sister offered to buy her out for the 1/4 of her
    share of this high purchase offer and she says she does not
    want to sell to her. The sister goes to the court to
    request a partition and the original lawyer that
    represented the sister shows in court and ends up being
    dismissed due to conflict of representing this sister and
    dismissing her for the same reason of this property.

    The sister is without cousel and hires an attorney that she
    has for 1 year and 3 months. He does not return calls,did
    not show in court for her defense ignores any of the
    request for discovery and the opponents attorney puts in
    for an order to perclude her. The attorney does not show in
    court ignores the plantiffs attorneys request and finally
    drops him due to the fear of what the outcome of this case
    will be.

    This sister had a full time job and her husband and her had
    alot of property and he has a large farming business.

    Another attorney is hired immediately for the case and the
    judge closes any discovery for her and also denies her
    extention of time to properly get ready for this case. This
    is a very big case and the attorney is denied getting any
    information on the husbands business that was built during
    this 22 year marriage. The judge expresses dislike to the
    new attorney about her client and says if she goes to trial
    with this she will not like the outcome it will be worse
    than what he might recommend. He also says he will force a
    sale of this property that was discussed above.

    The defendent's new attorney was denied information with
    discovery being closed to her because of the long time the
    case had gone on and the poor representation of the 2nd
    attorney. By this time the defendent has 30k into a case
    and is forced to pay her husband off due to the fear of the
    outcome of a trial, or what the judge had expressed he may
    do. The defendent is a nurse and the husband has a business
    grossing 3/4 of a million dollars a year.

    Does the defendent have any recourse on her sister due to
    the lies and manipulation of the property price that played
    a part in the numbers with division of property in the
    defendents case, and the cause of her loosing her first
    lawyer that was very competent in divorce? This
    maliciousness cost the sister great harm in loosing any
    ground for fighting this case and loss of money to her
    husband? She also lost any interest of marital property and
    her contribution to the property and the marriage and
    business.

    Does the defendent have any recourse on the malpractice
    representation of the second attorney which is obvious
    with the new attorney and she would atest to this? This
    representation had a major affect on how far she could go
    for the defendent. She was not allowed extra time to get up
    to speed and denied any further discovery that should have
    been gotten in defense to the client.

    I would appreciate any advice on this and direction.
    I feel that I was wrongfully hurt by malicious lies of
    intent. My sister wanted me to loose my attorney and she
    lied for this to happen. I had already paid him 6000$ These
    were intentional acts on a sister who was also a business
    partner and also an attorney that did not follow thru with
    proper representation to a client that made her loose
    discovery and right to get information on the husbands
    businees.



    Posts on this thread, including this one
  • defimation of character,loss of counsel, 4/02/05, by Nancy Beach.


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