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I have been having problems with my lawyer and accountant in a divorce action. both instructed me to deposit money into a bank

Charlestown, MA |

and had access to the bank records. The accounting in the bank was altered and a bank employee did something with a large transaction that was deposited there. money was in the wrong accounts after i instructed both the lawyer and the accountant to set up business accounts. they did not do this. the bank manager refused to release the records to me, would not communicate through my legal representative, and told me to go through the bank's legal counsel. She was rud, handed me ten pages of statements and not the copies of the deposits i needed and told me that is all she could get. bank employees covered this up and she told me not to contact any bank employee after i was told by someone else at the bank that they had my records. what should i do?

Attorney Answers 3


Sorry to hear this. I would suggest that the bank will have a difficult time releasing information to you if you are not on the account. You may need to get a court order to find out what happened. You should work with your lawyer on a timeline of what happened and exactly what you instructed the bank to do or not to do and any proof you have of that process. good luck and take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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The bank will act depending on how the title to the account is held. If you are not an account holder, you will not have access to the information from the bank itself. The first issue is to determine in whose name the account is held. If the funds are yours, your name should be on the account so that you can get the information.

Advice provided is of a general nature to provide guidance. Divorce law is state specific. One should always check the laws in their home jurisdiction.

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If the lawyer acted against your best interst, and even acted to benefit his/herself (versus your best interest as the client) you may have an ethical issue as it relates to the lawyer's conduct. Further, the lawyer should give you documentation related to ANYTHING he/she did on your behalf. As for the bank, if they acted improperly, keep going up the chain manager to district manager, etc.

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