Legal Question in Family Law in Maryland

My attorney sign a paper on my behalf accepting a divorce offer that is not what I wanted. Then the final papers came and he told I had to sign them.The paper states that I get 46% of the marital property only. I don't even know how much they had the house appraised at. I refused to signed it. Now my attorney withdrew from my case and will represent me and told me he will be testifying for my ex in court against me. Can he do now.


Asked on 9/05/10, 9:06 am

2 Answers from Attorneys
Scott Strickler

There are at least two Maryland cases (Litzenberg v. Litzenberg and Barranco v. Barranco) holding that a lawyer can bind his client to a settlement, and can even testify against the client regarding the terms, but only if the lawyer acted within the scope of his express authorization. The other side and your lawyer would have to prove that you authorized settlement on the terms you now say are unacceptable, and you would have to respond by offering evidence that you never authorized your lawyer to accept these particular terms. In other words, if you agreed to a settlement, but then changed your mind after the deal was made, you are out of luck. If you never agreed to the terms, you are not bound by them.

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Answered on 9/10/10, 9:17 am
Paula McGill Attorney at Law

In addition to what Attorney Strickler said, which is correct, you may consider filing a grievance against the attorney with the state bar - http://www.courts.state.md.us/attygrievance/complaint.html

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Answered on 9/10/10, 9:26 am


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