Legal Question in Family Law in Massachusetts
motion to ammend
My lawyer filed a ''motion to ammend'' AFTER my divorce hearing. I was tramatized, trusting and unaware she had negotiated with my ex's lawyer to give him
1. right to tennancy
2. a credit of all monies paid off principals paid on towards morgage AFTER I stopped giving him money
3. he to pay mortage on time
4. He to keep my credit intact
he has not kept up his end of agreement. I asked my lawyer to ammend motion to remove that he benifts by staying in house when he Is not keeping up his end of agreement AND he drove me from house with mental abuse!
She said that NOT possible? is this true? I just don't have ANY trust for lawyers anymore!!! Please help me
2 Answers from Attorneys
Re: motion to ammend
I suggest you contact another attorney if you have lost your confidence in your current attorney, regardless of anything else.
I am not the right attorney for this matter, but you do have grounds to file a Motion for Contempt for his breach of the agreement. The breach may entitle you to a modification. I suggest you take your separation agreement and your divorce decree to another attorney who handles divorce matters like yours on a regular basis.
Good Luck.
Re: motion to ammend
I do this type of work.
I agree with Honathan.
A lawyer cannot file any motion or pleadings that reflects a significant matter without consulting you.
If you believe that the Motion to Amend reflected changes or items with which you disagree, you must contact your lawyer, and seek and explanation, or the withdrawal of the motion.
Your lawyer must abide by your decisions. If your lawyer fails to immediately carryout your request, you are obliged to end the attorney-client relationship. If your lawyer withdraws the motion, you want evidence of the withdrawal.
If this action is such that strikes at the very core of your ability to trust your lawyer, I agree with Jonathan, you must seek representation and advice of another attorney.
If you need assistance or advice, you can contact me.