· Bob says: May 7, 2014 at 10:47 am. There is no doubt that the entire eco-system of attorneys, business analysts, psychiatrists, counselors, mediators, and consultants involved in our divorce were in collusion. There was no mistake that after the well had run dry that the attorneys settled for the exact amount owed.
Answer (1 of 11): First let me say what no other lawyer will say. Attorneys will collude. I’ve heard one attorney say he was cheated out of millions of dollars by the other attorneys on the same case, leaving him out of his share. Now, i have seen collusion in family law child support cases for ...
 · Please do not act or refrain from acting based upon what you read in anything I write on Avvo without retaining your own lawyer in your state. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance.
 · Collusion is not a crime. Many people confuse collusion with conspiracy. Every act planned in consort is not a conspiracy, nor is every act of conspiracy a crime. The action planned in consort (conspiracy) must be a crime. Two or more people could collude to plan a surprise birthday party. That would not be a crime.
Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.
Here are eight approaches to better handle the difficult lawyer.Point out Common Ground. ... Don't be Afraid to Ask Why. ... Separate the Person from the Problem. ... Focus on your Interests. ... Don't Fall for your Assumptions. ... Take a Calculated Approach. ... Control the Conversation by Reframing. ... Pick up the Phone.
Under the ABA Model Rules of Professional Conduct, attorneys can't represent clients if they have a marital or familial relationship with opposing counsel unless they get informed consent in writing from their client.
In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.
In a nutshell, if opposing counsel isn't responding:Document your repeated efforts at contact, including your statement of the consequence of continued nonresponse.Wait a reasonable amount of time.To be safe, get a court order authorizing direct contact.More items...•
For example, in a custody, divorce, criminal, or civil case, your lawyer might not be fighting properly. It might be a sign of incompetence or even a conflict of interest in your client attorney relationship. If you believe that my lawyer is not fighting for me, it may be due to the lawyer's style and mannerisms.
This means that once you discuss your case with an attorney, they usually cannot or will not speak with or represent your spouse because there would be a conflict of interest (or at least the appearance of a conflict).
Attorneys that have good relationships with other attorneys can actually help your case become resolved more quickly. Your attorney's relationship with opposing counsel shouldn't negatively impact your case, but if it becomes a concern, you should certainly discuss your concerns with your attorney.
General Principles [1] Loyalty and independent judgment are essential elements in the lawyer's relationship to a client. Concurrent conflicts of interest can arise from the lawyer's responsibilities to another client, a former client or a third person or from the lawyer's own interests.
Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.
Lawyers should communicate with clients clearly and often to ease their fears and keep them informed about their cases. It is important to avoid using legal jargon when a lawyer communicates with clients. Using plain language will allow a client to understand the provided information easily.
Attorneys can also directly communicate with each other on behalf of their clients. They can discuss potential settlement agreements, upcoming hearings, and other matters. This avoids the parties communicating directly if that is not a feasible option and it ensures that the legal matters are properly dealt with.
An attorney/client relationship is very personal. I would tell my law students how I would go to a barbershop which has four barbers, and three are standing around waiting for the next customer. A customer is waiting for the 4th barber, Bob to finish his current customer in the chair. The other three barbers invite the customer to cut his hair and he says “no, waiting for Bob”. It is personal to the customer for Bob to cut his hair. A patient has to trust their physician to take off their clothes, and their dentist to open their mouth. A client needs to trust their attorney. The issue here is whether there is any legitimate reason to distrust the attorney.
Attorneys who regularly represent clients in a particular area of law have a pretty good idea of how to play the hand they are dealt with. The law is the same for everyone and the facts of a specific case are given to the attorney which cannot be changed. Attorneys know what they can negotiate and what they cannot.
Rather, collusion implies the defense attorney working with the prosecution against his client's interest or the prosecutor working with the defense attorney against the public interest and against justice. This would most likely occur when the prosecutor is related to or a friend with the defendant and wants to help him out even though it might be against the office policy or when a defense attorney believes that the client is guilty of a terrible crime and needs to pay for it and therefore chooses to to make a proper effort to provide a proper defense. Of course, either of these scenarios constitutes a breach of the attorney's ethical obligations and in my experience is exceedingly rare. If you are aware of this actually happening, you should contact the state bar where the attorney is a member and report the conduct sot he bar can take steps to protect future clients from such unprofessional conduct.
To state opposing counsel by definition means that there is litigation.
Now, i have seen collusion in family law child support cases for un-married couples. Many hire an attorney not knowing the attorney they hired will submit you to the jurisdiction of the court, thus submitting your financial information, helping the other side sue you if you make more money. the result, you pay the attorney who helped you and you pay the other side (tax free money at that). There is a lot of fraud upon the court that goes on there too, the court of appeals articulate this the best backed by the supreme court. Most attorneys are ethical, many are not. like one comment said: you might get the “where do i belong” attorney.
While you might expect the answer to include any time that the prosecutor and the defense counsel work together, that would be incorrect. There are many times that theses two attorneys properly work together. They will often agree on actions the defendant can take that will convince the prosecutor to lower the charges or on a course of action that will convince the judge to make a decision that will benefit both sides.
But ultimately, you are the captain of your case, not your lawyer. And the attorney/client relationship cannot function properly if you believe that your attorney is not advocating in your best interests. So if your ultimate conclusion is that you need a lawyer who says he believes 100% in your innocence and is constantly doing “aggressive” things, then you either need to have a serious conversation with your current lawyer about your expectations or you need to find another lawyer.
You don't really give us many facts here to conclude your attorney is "colluding" with the other side because of some nebulous connection with an investor in one of the marital assets which is apparently involved in the division of your marital property. The division of property in a divorce is often a complicated matter where there are a lot of assets and is subject to a lot of negotiation and uncertainty, even if the parties...
This is always very unlikely. The reason it is unlikely is due to the serious nature of the penalties should the lawyer be caught. Most likely the lawyer learned something in mediation that caused him to do the 180. I would suggest you sit down with your lawyer, in person, and try to express your concerns.
If you lack confidence in your lawyer, tell him her/her immediately, if unsatisfied with the response, you are free to find a new lawyer. You apparently agreed to sign, of course your lawyer was pleased, case coming to a close. Buyers remorse sometimes sets in and the lawyer is the first suspect, not uncommon. If you suspect something more, or ethical you can discuss the matter with a malpractice attorney in your...
Client C1 tells his attorney A1 that he will only consider a settlement/mediation if his wife (W1) will consider returning some of his belongings. A1 either never tells W1's attorney (A2), or A2 never tells his client W1 about this settlement offer.
Client C1 tells his attorney A1 that he will only consider a settlement/mediation if his wife (W1) will consider returning some of his belongings. A1 either never tells W1's attorney (A2), or A2 never tells his client W1 about this settlement offer.
How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.
If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.
Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.
In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.
Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.
If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.
A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.
If your lawyer doesn’t understand local laws or procedures, your case may end up taking much longer than necessary, or even worse, being dismissed because your attorney failed to meet essential requirements.
A lawyer’s dishonesty is a serious red flag. An attorney who lies to opposing counsel or a judge won’t hesitate to lie to you.
11. Too Detached. You don’t want a lawyer who becomes too emotional or weepy in court.
A lawyer who doesn't respond to numerous messages probably isn't giving your case the attention it deserves. 6. Unfamiliarly with the Divorce Process. Many attorneys focus on one or two practice areas, such as family law or criminal law.
Although you shouldn’t worry if your attorney forgets the name of your fourth child, there's a major problem if your lawyer doesn’t know anything about your case . Your attorney should remember the basics about your divorce.
Missing a court deadline could result in disastrous consequences for your divorce and may even amount to malpractice. 2. Perpetually Late. It’s a bad sign if your attorney is always running late, especially if it’s to an important meeting or a court hearing.
It’s okay if your attorney needs to check the docket or case notes to verify certain items. However, your lawyer should be able to tell you what’s happening in your divorce when you ask. 5. Unreturned Phone Calls. It's usually a bad sign if your attorney consistently fails to return your calls within a reasonable time.
Attorneys are expected to perform with honesty, integrity, and to the best of their ability. Fortunately, this is usually the case. Generally, your attorney will be dedicated, competent, and fighting on your side, 100%. However, sometimes this is not the case, and attorneys behave negligently, or sometimes even downright maliciously.
Some of the ways in which an attorney can commit fraud are as follows: Misrepresenting the law. Misrepresenting expenses, court costs, or fees. Misappropriating settlement funds or paid judgments. Lying to a client about why he or she did not receive full payment of their rightful share of funds.
The American Bar Association Model Rules of Professional Conduct states that it is professional misconduct for a lawyer to “engage in conduct involving dishonesty, fraud, deceit or misrepresentation.” As such, lawyers are prohibited from submitting false evidence and engaging in any sort of dishonest behavior, both in and outside of the courtroom. Some of the ways in which an attorney can commit fraud are as follows: 1 Misrepresenting the law 2 Misrepresenting expenses, court costs, or fees 3 Misappropriating settlement funds or paid judgments 4 Lying to a client about why he or she did not receive full payment of their rightful share of funds. 5 Providing you with false credentials to persuade you to hire him or her. 6 Making fraudulent, non-fulfilled promises 7 Fraudulently assuring you he or she was working on your case when he or she was not 8 Lying about failure-to-disclose court conferences and hearings 9 Fraudulent failure to reveal major milestones in the case 10 Misrepresenting the settlement offer to sway the client to take a higher or lower figure 11 Fraudulently concealing records or letters provided by the opposing side 12 Fraudulently concealing court orders or other court documents
Misrepresenting the settlement offer to sway the client to take a higher or lower figure
The American Bar Association Model Rules of Professional Conduct states that it is professional misconduct for a lawyer to “engage in conduct involving dishonesty, fraud, deceit or misrepresentation.”.
If your spouse meets with an attorney first, it could create a conflict of interest that would not allow them to represent you. (Incidentally, this was a tactic that Tony used when mulling over divorce with Carmella in The Sopranos .) Secondly, attending several consultations can help you better understand the process, your rights, and help you to manage your expectations. Thirdly, meeting with several attorneys enables you to weed out the ones who aren't a great fit.
Below are twenty secrets that a divorce lawyer may not want to share with you. 1. It's going to cost more than you bargained for. It's not always the case—but more often than not, the costs associated with your divorce will often be higher than your lawyer's original estimate.
That you'll save money and heartache by being organized. Divorce lawyers often charge by the hour. If you take responsibility for being as organized as possible, not only are you likely to walk away from your marriage with a more acceptable outcome, you'll probably save some money too.
While it may seem difficult, coming to an agreement with your spouse can alleviate a lot of the issues of divorce and it could also save a lot of ugliness down the line. If you have kids and common friends, it's likely that you and your spouse may be in each other's lives for years, even decades to come. Those interactions aren't going to be made easier if one or both of you hired some hard-nosed lawyers and caused each other pain. If you can work it out, you and your spouse can each part ways without feeling taken advantage of by the other.
Mediation is a process whereby you and your spouse sit down with a neutral third party to negotiate several important areas of divorce. It's a low-cost way to address practically any other disagreement you and your spouse may have. While the mediator's decision is not binding, it allows a neutral party to provide their perspective on how divorce related issues should be addressed. However, mediation can only be a useful tool if you and your spouse can come to an broad agreement.
An uncontested divorce means that you and your spouse agree child custody, spousal support, child support, visitation, and division of property. If you find that there is no need to fight over these things, you've already saved yourself thousands of dollars.
Fault-based divorce is when one spouse committed an act that gives legal justification to the ending of the marriage. These acts include adultery, a felony conviction, cruelty, or desertion.