I am now Pro Per due to finances. I wasn't always unrepresented--having spent OVER $300k on my different attorneys in a 4-year dissolution.
My e-strange-d wife has had three different attorneys--her attorney #2 was the worst of the worst -- imagine every dirty trick in the book and that is him and his firm: Egregious behavior, delay and harassment tactics, witness tampering, perjury, nonsequitur arguments, inflaming the proceedings, continuing the proceedings after learning evidence was false/non-existent, acting/communicating unprofessionally with my attorney, and stymieing discovery.
My costs of defending against this a-hole were over $200k.
What is the widest net I can cast for sanctions to recover my attorney fees?? 128.7, 217, 2107, 3027.1, 3667, 4911, 20021, 180, 20032, 4963??
If I could, I'd be filing a lawsuit against opposing counsel #2 in this case for Malicious Prosecution as the facts and evidence would support it. However, as I understand it, Bidna v. Rosen (1993) draws a "bright line" against using the Malicious Prosecution statute for actions in any Family Law proceeding. Instead, Bidna states that recourse for parties in Family Law cases are sanctions, either based on Family Code statutes or CCP 128.5. I've read that CCP 128.5 is no longer in effect and that CCP 128.7 should be used in its place but that CCP 128.7 is a much weaker statute in all regards. The bottom line is that what happened to me on opposing counsel #2's watch and supported by his direction and actual actions cannot stand. He needs to be held accountable and I need to be made whole financially. Otherwise, my view is that real justice in the Justice System is only a suggestion, not a fundamental and attainable goal . . .
Family Law Attorney
No there is no justice in family Court! My advice-- get away from court as fast as you can and leave this mess behind. You will NOT be "made whole."
I have NO financial relationship to Mark Baer--link below--but he tells is like it is about this mess.
1 lawyer agrees
Family Law Attorney
Family Code section 271. Family law fees are difficult to get, or they can be, as the court has wide discretion in awarding them and generally the Court's rulings do not get appealed given the lack of funds to do so by the parties.