Legal Question in Family Law in Michigan

cobra for ex/ malpractice

Two part question. The divorce papers my husbands attorney wrote up that I agree to allow him to buy cobra benifits through my work which I will be seperated from shortly around Dec 6th. According to his attorney they will put in the papers that he will have to pay the cobra bills, but isn't this decided by the law or the company?

I had a post nuptial agreement that is not holding up in court because of the way the attorney drafted it. I want to sue her for legal malpractice. She has caused me 80 grand from a retirement account. I also want her to pay the attorney bill fighting over this agreement. This will be

on contingincy, but once won willing to pay negociated cost.

I also have a medical practice suit Cognitive impairment from autoric heart valve replacement and quad bypass. Because I can no longer remember our systems, I am not able

to do a job, I have SSD, a payee and no drivers lincense.

I also have a BS in major in computer science and math

need another contigincy on this one.

Please reply the first one is the most important

want to be in her shoes.


Asked on 11/05/05, 12:28 am

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: cobra for ex/ malpractice

Cobra derives from Federal law that supercedes state law. the right to have Cobra benefits stems from the federal law. They have to give it. Second, as far as your legal mal case, if you have one, get a real good lawyer on a contingency and forget about having the other side pay the fee as it is not part of our system. Make sure you get someone who knows the world of both legal malpractice and family law..a somewhat rare combination. I do both. If there is a case, any lawyer would charge 1/3 as there is no room for negotiation on fees in a legal malpractice case......they are just too difficult. The malpractice has to be clear cut. Not just a judgment call that went wrong. William S. Stern

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Answered on 11/05/05, 2:06 pm


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