Legal Question in Legal Malpractice in California

Was I wronged?

I went through a painful divorce. Ex, his lawyer, my lawyer and myself had a settlement conference where we decided to get a 10k equity loan on house for repairs for sale. I went to bank and signed (I was not going to receive or handly any of the monies) and when the stipulation was sent to me in the mail (contract) between myself and my ex, it reflected the loan was for 50k. When I confronted her she cried that she didn't notice the change. I since had to fire her and received the files and saw that she knew the loan was for 50k 10 days before signed since she recieved correspondence from opposing counsel verifying the amount. Also, I have discovered a lien under my name and ex's after we sold the house. There is many more things to discuss. The 50k loan really screwed up the amount of money I got since it came off the top and not from my ex's distributed amount. Please help.


Asked on 6/13/06, 3:48 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Was I wronged?

When you "went to the bank and signed," was the $50k on those documents? The law imputes to you a duty to read documents you sign. Nevertheless, that may not absolve the tearful attorney of her neglect. You might write to her telling her that she should put her E&O insurance carrier on notice of your potential malpractice claim and ask how she intends to resolve the matter.

Read more
Answered on 6/13/06, 10:16 pm


Related Questions & Answers

More Legal Malpractice Law questions and answers in California