Legal Question in Criminal Law in Mississippi
PLEASE HELP!!!
My divorce "attorney", shortly after hiring him, called me at home, and said that he had my husband's atty ("a close friend of his") in his office there -with him.
My atty, 'Mr. Johnson,' told me, over the phone, that I would "need to agree to" an "innocent, standard Order, which just amounted to my husband & I not contacting each other." He didn't read me the Order, or anything. I told him, "I guess so." - I didn't want to say much, or ask questions, if my husband's atty was sitting right there. I also ASSUMED that my atty would not have advised me to 'agree' to it, if it had been hurtful to me.
*[VERY IMPORTANT:
Immed. BEFORE THIS div. atty, I had ANOTHER div. atty, 'Ms. Smith,' who was TERRIBLE. She made me miss depositions, she never showed, etc.
Over a MONTH earlier, (before hiring the 'current' atty - above) I sent 'Ms. Smith' a letter, stating that she was fired - "effective immediately." She became very mad - wrote me a dirty e-mail.
She then immediately sent my husband's atty a (signed) letter, on her law firm's letterhead, stating that: "Effective Immed., I no longer represent ___ ____ (me), in any capacity, in her divorce case, #48538. I notified her that she has 30 days to find new counsel." Signed, 'Mary Smith'
I never talked or communicated with Ms. Smith again - TO THIS DAY.]
So, Mr. Johnson was informing me over the phone that: "I needed to agree to this 'Order.' I asked him if I needed to sign it. He said, "No, Ms. Smith is already on her way here - I asked her to come sign it."
I was floored!! I had FIRED this woman, Ms. Smith, over a month before, and hadn't even talked to her! (Mr. Johnson told me that she obviously never filed court papers to withdraw.) Again, I didn't want to say a word - with my husband's atty sitting there. I hung up the phone, & immed. emailed my atty, Mr. Johnson, & said, "If I MUST agree to this, then I'LL sign it. I DO NOT WANT MS. SMITH TO SIGN ANYTHING - I FIRED HER OVER A MONTH AGO!!"
(Mr. Johnson said that HE couldn't sign it, because, even though I had signed a normal, full, standard 'Employment Contract' with him, and paid him - up-front, which he required - almost $10,000, he said that the contract was a "limited-scope-contract," and was 'ONLY' for him to 'consult me for a One-Day Mediation' with my husband. Therefore, he said that HE 'couldn't sign it. Even though he REFERRED to himself as "my atty.")
It was too late. Without even TALKING TO ME, without me even READING this Order, Ms. Smith signed her name to it, and underneath her signature, she scribbled: "On Behalf of Emily L. Andrews" (me).
My atty then immed. went & had it filed with the court.
It turned OUT that this was NOT just an "innocent, no-contact agreement." It was a big, important, Temporary Order, stating that: "My HUSBAND had EXCLUSIVE USE OF OUR HOME, and I would be ARRESTED if I came ANYWHERE NEAR!!"
I couldn't believe it. I couldn't even get my things, or check the mail! (My husband had changed the locks months before - without ANY type of court order. I couldn't even get my things.)
Mr. Johnson had made me BELIEVE, though, that this Order would only be valid for a couple of weeks - until the "Mediation" was over.
The Mediation came, & was a JOKE. For almost $10K, Mr. Johnson had (literally) not prepared me at all (I hadn't even been called to come to his office). The contract had stated that his firm would "extensively prepare me." He came (late), to the Mediator's office, stayed for a few hours, showed me vacation videos on his iphone, made a couple of ridiculously low "offers" to my husband (who was in another room - I never even saw him), and then (Mr. Johnson) left!! I didn't hear from him again!!
Over a month later, I called him, and told him that I REALLY needed Emergency Support from my husband - when my husband changed the locks, he had ALSO closed ALL of my accounts, credit cards, he STOLE my personal savings, and even cut off my Health Insurance & cell phone!! He left me without a PENNY!!
(He DID all of this because I caught him in an affair with a co-worker!!) We've been married 13 yrs / no kids.
So, I told Mr. Johnson that I was DEAD-BROKE, and asked him if I could get Emerg. Support from my husband.
Mr. Johnson said, "No! You already HAVE a 'Temp Order' in effect - you can't GET another one!"
I said, "Are you SERIOUS?! I didn't even READ or SIGN that!!"
He got mad at my "attitude," and told me that he had "Only been hired by me for a 'One-Day Mediation' - and to "Not contact him anymore!" He then went to court & withdrew from case.
Almost a year later, this FRAUDULENT 'Order' is STILL in effect, I am BEYOND BROKE, & living with my mother.
I got a "Public Assistance" lawyer 5 months ago, who hasn't done a THING. I've only spoken to him ONCE!! He DID tell me, though, that, "No - if you already HAVE a Temp Order in place, you CAN'T GET another one!"
I TRIED to explain what had happened, but he didn't even listen to me.
The Divorce trial is scheduled for mid-2012. (And I found out my husband just bought a brand-new $40,000 SUV!! I can barely afford food. My husband makes a LOT of money, too.)
MY QUESTION:
As I'm obviously REAL MAD, now.
Wasn't this a CRIME - what Mr. Johnson & Ms. Smith DID to me??!! (The Temp Order)
FRAUD? FORGERY? CONSPIRACY??!!!!
Everyone who I tell what they did to me is INCREDULOUS.
Could I have them arrested? (No attys in my area will even HANDLE a Legal Malpractice Case - I've asked them all.)
Thank you very much!!
E.A.
1 Answer from Attorneys
NOPE NOT A CRIME. NO ARREST WOULD BE PROPER. AND THE LEGAL MALPRACTICE CLAIM IS QUESTIONABLE IN VALUE AT BEST.
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