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?
Family Law Attorney
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.
Family Law Attorney
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.
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Divorce / Separation Lawyer
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.