Legal Question in Family Law in Massachusetts
Professional responsibility
What responsibility does a lawyer have to verify that a cause of action is valid apart from what their client tells them?
I recently received a letter and 2 contempts from my ex's attorney. In one claim they state I did not transfer certain property to the ex. The fact is I transfered the property in front of 2 lawyer witnesses and have a third law firm who handled the paperwork for the transfer.
This issue could have been resolved with a simple request directed at me; instead of the filing of a contempt. What's up with this?
2 Answers from Attorneys
Re: Professional responsibility
Generally, the burden is n the client to be truthful with their attorney when seeking to file court actions, however, you can sue your ex's lawyer if he was negligent and caused you economic injury as a result of his negligence; you can ask that the court sanction your ex for filing a false claim; you can petition the court for counsel fees and expenses in connection with these allegations. In short, you have options.
Re: Professional responsibility
The prior answer is correct. However, let me add that as attorneys, we are not required to scour the earth for information that confirms or denies our clients' statements before filing a case. For example, I rarely consider it necessary to check with DOR/CSE to be sure that child support is in arrears before filing such a contempt. The general rule is that one is allowed to trust one's client in the absence of evidence of untrustworthiness. If the ex went to a new attorney and lied to him or her, to what extent is the new attorney supposed to check?
Your proper remedy will be against the ex for the attorneys' fees. Were I your attorney, I would suggest filing an answer that included copies of the proof of transfer -- up to, say 100 pages (to avoid ticking off the Registry of Probate). Make sure your SSN and DOB are blacked out on the copies. Also file your motion for attorneys' fees against the husband. If that does not quickly result in some squealing from the ex's attorney (I once heard of it put, "I've grabbed a spinning axle and I want to let go", and I wish I could claim the expression as my own), I would be very surprised.