Skip to main content

Should an attorney make sure there is some law behind your case before he advises you how to file?

Douglasville, GA |

My attorney advised me to file for fraud against my ex--motion to set aside divorce decree. He knew I had no compelling reason as to why I did not catch the fraud until 1.5 years after the judgement for divorce. My ex's attorney responded with lots of case law about the due diligence rule and my lack there of. I called my attorney after I received the response and asked if we needed to add anything to the case. I was told no. Judge ruled and it was denied. Seems like my attorney violated some ethics...

Attorney Answers 3

Posted

In almost every case one side wins and one side loses. That does not necesarily mean the attorney did wrong. An attorney should certainly feel there is a basis for suit. But 100% of the time, 50% of attorneys end up proven wrong.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

Mark as helpful

3 lawyers agree

Posted

The answer is the same as it was when you asked the same question yesterday.

Mark as helpful

2 lawyers agree

Posted

Duplicate post

Mark as helpful

3 lawyers agree

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics