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I need Crucial financial documents to prove fraud fraud by my ex.Trial is over, my atty. never got documents during trial.

Asked over 2 years ago - Wilmington, DE

My attorney never got the documents for our joint/marital investments.The investment plan was 100% controlled by ex. No one has any idea why this attorney refused to get these documents unless the info. would implicate the investment firm that my attorney's firm represents or my atty. is possibly involved because of the large sum of money involved. Everyone(Other Atty. / CPAs / Private Investigators / Normal People) can not believe my attorney did not get these documents.The amount of money in this fraud is over 1 million dollars. What can be done now, the trial is over, to get these documents so the money trail can be followed and this fraud exposed.

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Attorney answers (2)

Alec Brian Wisner

Reputation Level 9

Answered over 2 years ago. Mediation Attorney in Tarzana, CA.

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I don't know whether you can sue your ex for fraud, but I doubt it. The judgment in a divorce action (if that's what it was) is usually considered a full and final division of property. Since you were represented by counsel, I'm not sure that you can re-litigate issues that could have been litigated in a prior case.

On the other hand, your attorney may have things to answer for. The failure to obtain necessary evidence could conceivably be professional negligence. You would need to provide a local malpractice attorney with more specific information to get an informed opinion. There's also the question of conflict of interest. If your attorney didn't get the information because he/she also represented the investment firm, that would be an improper conflict. Unless you signed a waiver of that conflict, and were advised of your right to obtain separate counsel before doing so, you might very well have an action against the attorney for any money that you can prove was lost by attorney inaction. Again, you would need to consult a local malpractice attorney to get a more informed opinion based on the actual details of your case.

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Alan James Brinkmeier

Reputation Level 20

Answered over 2 years ago. Lawsuit / Dispute Attorney in Chicago, IL.

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Fraud is actionable if certain elements of proof are established by the evidence. Using the written documentation you have is a good place to begin. Contact a local lawyer - many may give you a free consultation for an hour - to discuss your specifics. Discuss the matter with an attorney under the protections of attorney client privilege before anything else. Far too many variables exist in the short post you wrote for any further observation by me.

Good luck to you. God bless.

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