M
Marie Swartz
Guest
What is the name of your state? Massachusetts
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(synopsis of facts: 32 year marriage, four adult children. I stayed home to raise children until they were in high school at which time I returned to nursing, part-time. I moved out to escape increasing verbal and emotional abuse. I have been unable to work for the past two years since a complete breakdown under the stress of ending our marriage and the increasing abuse as my husband realized he was losing control over me. I am still on disability. I did not want to file for divorce, I just wanted to be away from the abuse, but my husband has refused to give me any funds to live on unless the court orders him to through divorce.)
Question:
Is there any recourse available when a divorce lawyer is incompetant?
My divorce lawyer did a miserable job of presenting my case in court. There were four main points that the judge needed to hear in order to make an informed decision on the details of the settlement.
Our court day was Oct.1. My lawyer spent her entire time questioning me on only one of the main points, totally leaving out 3/4 of what we had discussed as important. After she finished an hour questioning me on the stand, my doctor arrived to give testimony (it had been pre-arranged that when the dr. came she would be on the stand right away so she could finish and leave). After the dr.'s questioning, the judge adjourned for an hour lunch.
When we returned, the judge called both lawyers into her little office for 45 minutes. Then my husband's lawyer went out to speak with him, and my lawyer sat with me. She said the judge had proposed a settlement, in hopes that if accepted, would save everyone a lot of time by ending the trial right then.
The settlement was near the bare minimum the law requires (50/50%) If I had agreed to that it would leave me in terrible financial shape with poor prospects of future earning ability (I am still on disability), in a crummy rental apartment --- while my husband remains (alone) in our very large beautiful home on four acres, and continues to make a six figure salary.
Of course his lawyer accepted immediately -- he knew all the facts that the judge had not heard, and he had never expected anywhere near such a good settlement for his client.
It is hard to believe, but we lost our case after the lawyer had heard only our side!! She had not even heard any of the opposing viewpoint!! My husband had not said a word, and his lawyer had not yet questioned me!
My lawyer said that the judge had told them her three main reasons for deciding as she did - and they were precisely the things that my lawyer had not covered in her questioning of me.
I did not accept, and left it that we would come back to finish the trial on a yet to be determined date.
However, it seems that there would be very little chance for me to make the points that are missing, because all that is left to do is the other lawyers part. Even though after he questions me my lawyer can come back - she is limited to addressing only the topics that the other lawyer brought up. Since he heard from the judge what her unanswered issues were, you can bet he will not allow questioning to get anywhere near those topics.
Does the law allow any way for me to give the judge information that was not brought out in the trial? In writing maybe?
Is there any recourse for a person with an incompetant lawyer?
(Hopefully other than the expense and horror of doing it all over.)
What a truly insane system it is in which there is no guarantee that the judge will hear all that is necessary to make an informed decision.
Any ideas, please?
`
(synopsis of facts: 32 year marriage, four adult children. I stayed home to raise children until they were in high school at which time I returned to nursing, part-time. I moved out to escape increasing verbal and emotional abuse. I have been unable to work for the past two years since a complete breakdown under the stress of ending our marriage and the increasing abuse as my husband realized he was losing control over me. I am still on disability. I did not want to file for divorce, I just wanted to be away from the abuse, but my husband has refused to give me any funds to live on unless the court orders him to through divorce.)
Question:
Is there any recourse available when a divorce lawyer is incompetant?
My divorce lawyer did a miserable job of presenting my case in court. There were four main points that the judge needed to hear in order to make an informed decision on the details of the settlement.
Our court day was Oct.1. My lawyer spent her entire time questioning me on only one of the main points, totally leaving out 3/4 of what we had discussed as important. After she finished an hour questioning me on the stand, my doctor arrived to give testimony (it had been pre-arranged that when the dr. came she would be on the stand right away so she could finish and leave). After the dr.'s questioning, the judge adjourned for an hour lunch.
When we returned, the judge called both lawyers into her little office for 45 minutes. Then my husband's lawyer went out to speak with him, and my lawyer sat with me. She said the judge had proposed a settlement, in hopes that if accepted, would save everyone a lot of time by ending the trial right then.
The settlement was near the bare minimum the law requires (50/50%) If I had agreed to that it would leave me in terrible financial shape with poor prospects of future earning ability (I am still on disability), in a crummy rental apartment --- while my husband remains (alone) in our very large beautiful home on four acres, and continues to make a six figure salary.
Of course his lawyer accepted immediately -- he knew all the facts that the judge had not heard, and he had never expected anywhere near such a good settlement for his client.
It is hard to believe, but we lost our case after the lawyer had heard only our side!! She had not even heard any of the opposing viewpoint!! My husband had not said a word, and his lawyer had not yet questioned me!
My lawyer said that the judge had told them her three main reasons for deciding as she did - and they were precisely the things that my lawyer had not covered in her questioning of me.
I did not accept, and left it that we would come back to finish the trial on a yet to be determined date.
However, it seems that there would be very little chance for me to make the points that are missing, because all that is left to do is the other lawyers part. Even though after he questions me my lawyer can come back - she is limited to addressing only the topics that the other lawyer brought up. Since he heard from the judge what her unanswered issues were, you can bet he will not allow questioning to get anywhere near those topics.
Does the law allow any way for me to give the judge information that was not brought out in the trial? In writing maybe?
Is there any recourse for a person with an incompetant lawyer?
(Hopefully other than the expense and horror of doing it all over.)
What a truly insane system it is in which there is no guarantee that the judge will hear all that is necessary to make an informed decision.
Any ideas, please?
