Legal Question in Family Law in Iowa

Ex's Lawyer lied during negotiations

Before my divorce went before the judge, we tried to settle. My now ex had agreed to pay off a vehicle that was repossessed and give me a certain amount of money for some tools. He had a workman's comp settlement coming, and since I was afraid he would skip, his attorney told mine that he had contacted the insurance company and they would send the check to him for distribution and I agreed because my attorney said it was guaranteed. Since that time, we found out, my ex's lawyer didn't contact the insurance company as he said, and the full check was sent to my ex who had since disconnected his cell phone and moved to another state. His lawyer cannot him, nor can mine. Is there any recourse that I have toward his lawyer since he lied about contacting the insurance company?


Asked on 6/18/04, 1:19 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: Ex's Lawyer lied during negotiations

As a practical matter all you have is a complaint to the Iowa Supreme Court Board of Professional Ethics and Conduct. I'm not sure you even have a malpractice suit since he did not represent you.

You say he lied....it could be interpreted as he forgot and that's a far cry from deliberately lying....be careful how you use that word. However he did make representations that you relied on to your detriment and that can be hammered into a cause of action by a journeyman lawyer. As a practical matter nothing will happen this year or the next in all likelihood.

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Answered on 6/18/04, 2:31 pm


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