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How the Licensed Professional Can be Used as a Patsy in Divorce LitigationWritten by: Peter Christopher Lomtevas Reputation Level 14
Posted about 3 years ago. 1 helpful vote, 0 comments
1
Report to the Licensed Professional's "Board"The easiest way to pull of retribution against the privately retained licensed professional is for the judge to file a complaint with the professional's licensing board. This results in an enhanced investigation because a court was involved. The professional will have to write pages of drivel defending himself against allegations of professional misconduct and this serves to diminish the professional's reputation. The professional can complain to the judge's immediate supervisor, the presiding judge of the court. Follow the judicial ethical guide for your jurisdiction. It is rather easy to spot judicial misconduct: denigration of litigants; not allowing a litigant to speak; preclusion of witnesses; undignified conduct on the bench. 2
Adjudge LiabilityA second ploy is for the judge to state, "Your attorney malpracticed you" or "your expert witness owes you a refund". Here, the judge can accomplish two goals at the expense of the private lawyer. The winning litigant can be completely left off the hook for spousal support while the loser's attorney's malpractice insurance coverage will pay the loser. A ruling against the non-attorney professional can accomplish the same goal but at a lower dollar level. Typically, lawyers have $100,000 of coverage: the amount necessary for a losing spouse to support herself for one year before the money runs out. The winning spouse would have had to typically support the losing spouse for three years under the usual spousal support statutes in the fifty states. Neither the losing spouse nor the attorney should fall for this. Notify malpractice carriers and bar associations of this and deny the payment of any settlements. Notify the presiding judge and the local federal authorities. 3
Limitations on Appellate JurisdictionA growing feature of national divorce litigation is that appellate courts have abdicated their authority to the trial courts. This means that an appeal will necessarily fail. There are a few limited instances where the appellate court will exercise its jurisdiction: one is that a court rule is unconstitutional and another is that basic notions of acquiring jurisdiction have not been met. This means that arguments against a decision on the merits of the case will necessarily fall on deaf appellate ears. So, the trial court through its operatives writes a decision and order that slams the losing side, overvalues sanctions and fines and closes the door for reargumentation or future review. Keep state legislators informed about what is happening. It may be necessary for the legislators to enact new statutes allowing the appellate courts to review divorce decisions. New York for example has caselaw that allows the appellate division to decide custody de novo. Seek such an expansion. Related Questions2 Attorney answers: 
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