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I hired an attorney for a divorce from an abusive man who was removed from the home with a protective order. I am on disability.

West Valley, UT |

I am 58. We went to mediation without discovery, important information he promised would be at this meeting. I faxed him the next day saying I needed another mediation, don't submit anything. Months later I received an email saying I was divorced, hadnt signed anything. Did a Bar complaint, I won on dilligence, fraud, acting without my permission. He filed an exception, it was denied. My new attorney is trying to get the divorce set aside, and filed a malpractice suite. Who regulates the Bar in Utah? How can I get his license revoked? BBB complaint? This has been a nightmare as I lost Cobra, medical insurance etc. The Bar has been nothing but nice, he is receiving a private adomontion. I want it public, and yes I called HALT. How is he allowed to practice submitting papers I didn't sign?

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Attorney answers 3

Posted

It sounds like you're already in touch with the attorney disciplinary process. It sounds like you have a new attorney. Your new attorney should be the one to guide you and answer your questions. However, it sounds in general like there are three different issues here. Proof of one may be relevant to proof of the other, but the three actions are separate and distinct: 1. the action setting aside the divorce and the consequences from that. This is the thing that seems to me to have the most long lasting potential for benefit to you, in terms of setting aright what went awry in the first place. 2 The attorney disciplinary matter. This is a matter between the attorney and the people who license attorneys. It doesn't create a private right of action on your part, but it certainly may be relevant to whether the divorce property or support order should be set aside 3. The attorney malpractice matter. This is where you get compensation to put things back as they should be. For instance, the costs to get the divorce set aside or the difference in value between the divorce settlement you got and what you should have gotten.

Please, do not take this as legal advice and do get feedback from your attorney, but hopefully setting out the three separate cases in this way will help you focus on the big picture of what is important to you and what your present attorney is working on.

This is general feedback only, it is not legal advice and does not create an attorney client relationship.

Posted

You should be talking to your malpractice attorney about this. It may be in your best interests to await the outcome of that lawsuit before continuing your pursuit with the Bar.

If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated.

Heather Morcroft

Heather Morcroft

Posted

Or other complaints. You should clear anything you do with your attorney to assure that you are not working at cross purposes.

Posted

Hopefully this will be set aside under a 60(b) motion in Utah. Also, your malpractice attorney will be able to advise you on the Bar Complaint and other damages. The good thing about Family Law in Utah is that these matters can usually be fixed. I am sure your attorney will be able to help you out. Good Luck.

Asker

Posted

Thankyou for the 60(b) motion that I was unaware of. Also, I got final word from the bar that the bad attorney is being admonished privately. This man also had the nerve to sue me for what he felt were unpaid services $2,000, there for my new attorney who is handling the case now, was forced to counter sue for the malpractice. He i s not really a malpractice attorney.Do you by chance know of one since I have won my bar complaint? This would be extremely helpful.

Brian Elliott Arnold

Brian Elliott Arnold

Posted

We have an attorney in our office that does that work. Feel free to contact my office to meet with him. His name is Matt Wadsworth.

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