My cousin Robert is a divorce attorney in NY. He recently settle a divorce for one of his clients. Now there might be an issue. After his client was deposed by the her husband's attorney; my cousin client had a conversation. The client asked Rob about an legal argument for the divorce case. Rob told his client that he couldn't use the argument because she failed to mention it in the deposition.
Rob didn't realize that the opposing attorney never asked his client the right question so his client couldn't reveal the information. Rob realize this after but never tells the client. The client ask him about it again a few months later and Rob tells the client that such argument is invalid in NY which isn't true.
During the settlement discussion Rob is asked about it again; he gets angry and
tells the client that if she doesn't sign the papers agreeing to resolve the divorce; he will walk as her representation. The client signs the paper after hearing this. Now the client is trying to get a case against Rob for breaching his fiduciary duty and wanting some of the money back paid to him for the case.
She says that Rob made a mistake in not realizing that the opposing lawyer missed questions. She than says Rob realize the mistake and tries to cover it up by saying such argument doesn't exist. Than she says that Rob forced her into agreeing with the settlement because she asked about it again and to cover his mistake. She says that Rob concealed the fact that the courts would need to approve to prevent any prejudice to the client before such withdrawal as counsel.
The client some reason recorded all of her meetings with Rob so it is all on tape. Do she has a chance of winning and why? The case is over and he got her a good settlement, so he should be safe right? Save
Are you the same person who keeps posting the same issue under different facts scenarios? If NO, why is your cousin telling you about conversations that he had with his cousin? He is violating the attorney-client priviledge and could face sanctions by the Grievance Committee. I suggest you stop posting about your cousin's conversations.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... moreI am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice. less
Already answered this question. The facts are too confusing to answer on this board. Consult a local attorney in person to discuss this matter.
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