Legal Question in Family Law in Michigan

Re: lawyer sold us out

Grrrr!! Nobody "sold you out." Look: would you let a doctor cut off your knee when it's your arm that's injured, --just so you can complain about it later?? At some point, clients have to take responsibility, if the lawyer isn't performing. You're the one stuck with your judgment of divorce, not your lawyer. Women have a TENDENCY to rely upon all-knowing, warm, fuzzy and protective to you, but "I'll get the bastard" to your Ex types of lawyers, but even if you think the world of your lawyer, you need to take an active interest in your case!! Marital asset allocations are fairly cut and dried, so assert yourself for what you're entitled to [make sure your lawyer is assertive as well] and get on with your life! Rant over.

The starting presumption in a divorce is that you should split marital assets evenly: 1/2 the assets and 1/2 the debts. If there is a reason to tilt the balance [i.e., an abusive spouse, severe imbalance in income, some property is not considered a "marital asset"], the case is set for trial so the judge can work it out, since the lawyers can't agree. Your lawyer should have let you know a range of probable outcomes BEFORE trial. Without knowing the situation, I am reluctant to blame your lawyer for your asset allocation, although it sounds like communication could have been better. True, lawyers are entitled to decide legal strategy, but you also have a RIGHT to insist that s/he raise certain issues, since it has gone to the judge anyway.

If the judge entered a ruling, but it hasn't been written up and signed yet, then you're not entirely stuck. If you don't have a judgment, don't sign one when it's sent to you. FIRST go in and make an appointment to see your lawyer,--insist on walking through the judgment paragraph by paragraph. Don't take no for an answer and put your request in writing. Tell your lawyer that s/he has no authority to sign until you have walked through it together.

You can still try to fix the problem before judgment,--if there were factors the judge should have considered, then you can still raise them. If the judge refuses to correct a significant error and your lawyer HAS to agree "to the form" of the judgment, you can appeal. Could be expensive,--ask your attorney it's worth contesting. Some places allow you to get a video/audio of the trial, so you can hear the judge's opinion and see what is required in the judgment. Go in yourself and ask to hear it, if for some reason you didn't attend the trial.

You can also get another lawyer to resolve the problem, for 6 months is a VERY long time. You should be able to find someone who can walk you through it for $50-100/hour. If you really feel strongly about it, for heaven's sake, DON'T pay your legal bill....yet. You could lose your right to sue for malpractice. If there is a serious problem with the legal work, you have the right to withhold payment.

Regina Brice

Brice Law Offices

2232 S. Main Street #364