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Can you sue your lawyer for delivering divorce papers too early?

Discussion in 'BBS Hangout' started by Xerobull, Apr 23, 2012.

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  1. Xerobull

    Xerobull ...and I'm all out of bubblegum
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    Edit- no, it's not me.

    One of my wife's employees is dealing with this. The lawyer's office delivered the papers a week early and now the ape**** husband is threatening the wife and family. How much of this is on the lawyer for screwing up?
     
    #1 Xerobull, Apr 23, 2012
    Last edited: Apr 23, 2012
  2. Jontro

    Jontro Member

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    Whoa, I don't know anything about law, I don't even watch Law and Order... but that definitely sounds sue-able. Must have been some dumb intern who sent it. Douche move.
     
    #2 Jontro, Apr 23, 2012
  3. Rox11

    Rox11 Member

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    So you need a lawyer for another lawyer im guessing? Why did he rush?
     
    #3 Rox11, Apr 23, 2012
  4. Xerobull

    Xerobull ...and I'm all out of bubblegum
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    No clue, third party story. (not for me)
     
    #4 Xerobull, Apr 23, 2012
  5. Rocket River

    Rocket River Member

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    So . . . basically the situation is
    "Mr. Lawyer, I plan to quietly sneak out on friday. Saying I am gone for the weekend. I need you to deliver the papers on saturday. Ok?"
    "Sure" A not so tough smart lawyer

    Then he delivers on wednesday

    Rocket River
     
    #5 Rocket River, Apr 23, 2012
  6. Xerobull

    Xerobull ...and I'm all out of bubblegum
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    More or less. The husband was to be leaving the country tomorrow, and supposed to be getting the papers tomorrow. They delivered them last Tuesday instead.
     
    #6 Xerobull, Apr 23, 2012
  7. bladeage

    bladeage Member

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    [​IMG]
     
    #7 bladeage, Apr 23, 2012
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  8. juicystream

    juicystream Member

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    What is that supposed to mean?

    She hadn't told the husband yet?
     
    #8 juicystream, Apr 23, 2012
  9. Xerobull

    Xerobull ...and I'm all out of bubblegum
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    Bingo. The main issue (as I understand it) is that he's nuts.
     
    #9 Xerobull, Apr 23, 2012
  10. Jontro

    Jontro Member

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    Is it true that if the husband or wife doesn't sign the divorce papers, you can't get a divorce?
     
    #10 Jontro, Apr 23, 2012
  11. wreck

    wreck Member

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    I think in texas its only one party that has to agree to divorce. Other states might be different?
     
    #11 wreck, Apr 23, 2012
  12. plcmts17

    plcmts17 Member

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    Should of used Phil Collin's lawyer and faxed it to him.
     
    #12 plcmts17, Apr 23, 2012
  13. Xerobull

    Xerobull ...and I'm all out of bubblegum
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    From what I understand (very simplified), if the other spouse doesn't sign, the initiating spouse can go to court after 60 days and get the divorce pushed through.
     
    #13 Xerobull, Apr 23, 2012
  14. crash5179

    crash5179 Member

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    I sat on a jury for 6 days on a legal mal-practice case once. The Lawyer did not do his job and allowed the statue of limitations to expire. We first had to hear evidence on the original case and rule on if the Plaintiff could have one that case. Once we delivered our decision that the plaintiff could have one then we started the real trial. Had we decided it was not a winnable case the legal mal practice suit would have been tossed out.

    The two things I learned from that experience is that in a civil case, the plaintiff only has to prove his case By a preponderance of the evidence (better than a 50% chance). In a criminal case the plaintiff has to prove their case beyond a reasonable doubt. So it's a lot easier to prove your case in a legal malpractice case than it is to prove your case in a criminal case.

    The second thing I learned is that people want to to put the wood to a lawyer in a legal malpractice case. Remember that both sides get to have a hand in selecting the Jury and regardless of that almost everyone on the jury I sat on was foaming at the mouth to find that lawyer guilty. The guy never had a chance. Only me and one other jury were trying to slow everyone down in order to make the process fair. The rest of the jurrers were blind with the opertunity to put the screws to this poor lawyer.

    Now for the cherry on top. The lawyer was being sued for aproximately 50 grand. After he the plaintiff won his case and was awarded the 50 grand our judge sent us back to determine a fine to be levied against the Lawyer. We argued longer over this than we did on the actual legal malpractice. I thought a 10 thousand dollar fine was more than enough and only one other jurrer aggread with me. As a group we levied a 200 thousand dollar fine against this lawyer. When we returned to the court room the judge took our decision and awarded the entire fine to the plaintiff. The plaintiff who only sued for 50 grand walked out being owed 250 grand from this lawyer. None of us in the jury realized that any of the fine went to the plaintiff much less all of it.

    All of us on the Jury thought the plaintiff was a total douch and yet were still eager to put the wood to this poor lawyer. If you can get your case to court, you will very likely get a very favorable jury and could end up winning a lot more than you actually sue for.

    BTW, as a jury we were never given any guidelines or limitations when we were sent back to determine a fine. We were left to our own imagination.
     
    #14 crash5179, Apr 23, 2012
    Last edited: Apr 23, 2012
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  15. Rocket River

    Rocket River Member

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    In all seriousness. . . what would be the grounds of the suit?
    You would have to prove damages.

    I dunno how well that will go . . .

    Rocket River
     
    #15 Rocket River, Apr 23, 2012
  16. bobrek

    bobrek Politics belong in the D & D

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    Do you know why this strategy was chosen? Was it to pressure him into signing the papers or did they want him to be gone when the papers were delivered?
     
    #16 bobrek, Apr 23, 2012
  17. updawg

    updawg Member

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    She needs to be able to show how this harmed her. Are there financial issues because of this mistake or is it mainly just causing an awkward situation
     
    #17 updawg, Apr 23, 2012
  18. crash5179

    crash5179 Member

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    Do they have a child together and was She planning on taking the child out of the country?
     
    #18 crash5179, Apr 23, 2012
  19. Xerobull

    Xerobull ...and I'm all out of bubblegum
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    She was not planning on taking the two kids out of the country.

    There may be financial issues or real harm because of this. He threatened to kill the family and tried to hit the eldest (10?) daughter. Guy is loco from what I understand.

    Also, both adults are from China, not well acclimated to the US. In fact, the wife had to read the papers to the husband because he refuses to learn English. Her bad for not lying.

    It's a mess; I'm somewhat detached from it because I believe that you should consider all angles and CYA, and don't have a ton of pity for someone who doesn't. Still, there are kids involved so I'm keeping my eye on the situation.
     
    #19 Xerobull, Apr 23, 2012
  20. macalu

    macalu Member

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    you don't need both parties to sign a divorce. my dad never showed up for court.
     
    #20 macalu, Apr 23, 2012
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