Legal Question in Family Law in Massachusetts

I just went thru a no fault divorce in Boaton, MA...Norfolk County Probate court.

My wife's lawyer calculated the QDRO split payout 50/50% number incorrectly and is now giving me a hard time to correct the errors *she* made. She has also made a bunch of other blunders, and frankly I'm disappointed in *my* lawyer being asleep at the switch. I'd like to do some kid of official complaint to the judge who presided over my case and maybe to the Law Bar or something.

What type of recourse is there for me...anything?

PS: and this lawyer is about to become a *judge* ... no wonder the system is screwed up.

Ray


Asked on 4/14/11, 3:50 pm

2 Answers from Attorneys

If you want to file a complaint with respect to your own attorney, you can do so by contacting the Board of Bar Overseers. If you want to make a complaint with respect to your wife's attorney, that is more complicated-- but again Board of Bar Overseers.

Unless the mistake was mutual, meaning that you agreed on the formula she used and she was simply unable to do the math correctly, then I am not sure your wife's attorney has any right to seek a change. As to her other errors, unless they are simple scrivner errors that have some substantive change and you actually agreed to the terms she is seeking to have corrected, then again she may have no right to seek a change now.

Your ex-wife may have a complaint against her attorney. I suggest you contact your own attorney and tell him why you are upset and see if he can redeem himself in your eyes and solve your problem. Most attorney's try to do good work for their clients and I would give him or her a chance to redeem themselves.

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Answered on 4/14/11, 4:16 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

You can ask the court to revisit this matter, or tell your attorney that unless the matter is corrected, to contact their malpractice carrier.

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Answered on 4/14/11, 6:52 pm


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