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.