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Attorney misconduct, gross negligence and "collusion" got caught in middle of divorce. Should the Judge know? If yes, best way?

Hackensack, NJ |

Case is on from past 10 months and we just had our hearing on Nov 16 for Motion filed by my wife/defendant. My former attorney moved the case around from Middlesex County to Bergen and then eventually to Hudson County. Case type is : No-fault irreconcilable. Case is very simple as thre are no children, property or debt issues and no domestic violence history. I've evidence to demonstrate all the allegations that I am stating in the question. Question is how can I make my Judge aware so that: (i) first, I get expedited closure on the case as attorney fees have been unbelievable so far, (ii) legal actions that I can take and (iii) optimal way to take those legal action

Attorney Answers 3


  1. You are referring to your former attorney. I hope you have a new one. If so, this is a matter to discuss with your lawyer. If not, get a lawyer. Nothing is as simple as you think. Matrimonial cases are so routinely ugly and full of nasty accusations that you are going to have a hard time getting a judge to pay attention to the type of allegations you are making. Judges don't expedite cases to save litigants money, either.

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  2. If your attorney was successful and effective in moving the case around among courts, then that was done pursuant to statute or court rules allowing that movement. Hence, you likely have no legal recourse for his use of those strategic options. You may, of course, raise issues of sound practice before the attorney licensing authorities in your state, but professional disciplinary agencies are not easily persuaded that unorthodox strategic decisions made by counsel in the course of litigation are improper.

    Your judge already knows that the case was transferred from another court district. All of the case records and history are with the file. Your judge is highly unlikely to make any action on the issue of the transfer of the case except, perhaps, to transfer the case back if any transfer was improper. That is the usual fix for that kind of error. The judge is unlikely to give your case any priority because you are concerned about fees. All clients on all cases are in shock and dismay about fees. To a family or marital court judge, a case in its 10th month is not an aging or aged case. Everything is relative.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  3. These are serious allegations you are making. What's the basis for your accusation of attorney misconduct, gross negligence or collusion? Divorces are time consuming and expensive by their very nature. Just because there are no children, no DV, no marital property or debt doesn't necessarily mean that the divorce process will be expedited.

    You say attorney fees have been unbelievable. Have you signed a retainer agreement? Did your attorney make sure you knew what the terms and conditions were as to the retainer agreement? Did you voice your expectations to your attorney when you retained them? Why was the case moved around from Middlesex to Bergen to Hudson in the first place?

    There are going to be lots of questions you need to be prepared to address regarding your issue and need to do so in a confidential setting rather than an open forum like this one. We as attorneys can identify issues for you to address. As far as resolution to your issues, that requires more time and needs a thorough review of the facts of your particular case. Good luck.

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