Legal Question in Family Law in Maryland

Lawyer did not file discovery?

Divorce/ Custody case went to pre-trail 4 days ago my lawyer sent one of her associates, he had no documents for my case. discovery deadline was Dec.15, 2004. I did all the interogitories and financial doc. and they were sent to husbands lawyer, when I asked where husbands financial doc. were my lawyer said they had not had time to go over them. So how am I supposed to know what kind of 401 k or retirement I want to ask for if I do not know what he has?

My lawyer has been putting me off for 4 months about me seeing the interogitories and all husbands financial doc. So I ask my husband when he sent them in. He tells me that my lawyer NEVER filed and asked for them that his lawyer told him its common practice for both lawyers to request these things but my lawyer never did. So at the pre-trial the master re-scheduled a pre-trial because husbands lawyer said she did not receive all my documents. If discovery deadline was Dec. 15, 2004 can my lawyer still request these documents from husband? Is my lawyer lying to me about this legal? I feel I'm not being represented properly. Should I seek another lawyer and report my lawyer? What can I do? The new pre-trial in march 16


Asked on 2/04/05, 10:43 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Lawyer did not file discovery?

You are in a very difficult situation, because it's most unlikely that another lawyer will want to get into this case at this late date. You need to try and scheduled an appointment with your lawyer to "clear the air" about what he has and hasn't done to protect your interests in this case. Discovery is a very important part of properly preparing a divorce case where there are substantial property issues at stake. The lawyers will be required to prepare a joint statement of all property owned by the parties which states the value of each item and what its status is--i.e., marital or non-marital, and who is entitled to it. You should try and find out from your lawyer what position he intends to take on the property if this statement hasn't been prepared yet.

Read more
Answered on 2/07/05, 9:32 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maryland