2 lawyers from the same law firm against each other
This is a discussion on 2 lawyers from the same law firm against each other within the Other Family Law Matters forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Hi, I got a real tough one on my hands. Here's the story. My wife has been sick for about ...
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Join Date: Dec 2008
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2 lawyers from the same law firm against each other
Hi, I got a real tough one on my hands.
Here's the story. My wife has been sick for about 20 years with brain tumors. She is currently residing in a home where they can take 24 hour care of her which is great. The home is funded by the government, and they have raised her rent from $800 to $1300 in one month. Now the home has asked for ALL my financial statements this year and last. Last year I had a job, this year i don't. Since the home has been causing trouble for the family, I hired a local lawyer that would help me through the situations i have to deal with. Keep in mind, i never once ever wanted her money, ever! I hired the lawyer for protecting our house, and my wife's well being. That was many months ago. This past week my wife (no longer being in sound mind for months now) assigned her brother to be power of attorney (without any communication that was going to be done) So they hired another lawyer from the same law firm in which my lawyer works (there no more than 3 lawyers in that firm) to get the signature to make the power of attorney valid. I wasn't even told until the contract was complete that power of attorney was given. This has upset me very much. First my own wife hands over the power of her money to her brother without letting me know. Second, she hasn't even been in sound mind in months, even though a year ago she got a doctor to say she was, and that was the only time that particular doctor had seen her in about 5 years. Third they hired a lawyer from the exact same lawfirm (My lawyer even told me that the other lawyer has no right to be involved,(conflict of interest). Now my brother in-law has contacted me saying he didn't want to be a part of it, yet he went down to the home with the lawyer to sign the papers. My brother in-law told me he just wanted to help free up my wifes money for me to use while I am not working. The funny thing is, I never ever wanted her money, it's hers not mine, she can have it. This whole time i've been trying to help her lower her home payments. Here's the sticky part: My wife doesn't have a lot of money (maybe $10000 or so), but it's being eaten up by her expenses from the home. However, when she passes away (she is very sick now, it's only time), all her insurances will pay around $200000 to me. Now, like i said, i never wanted the money. But I get the suspicion that her brother might discourage me enough to just let everything go, and let him have whatever there is left. my questions: How can i fight this, or do i even bother? Can 2 lawyers from the same firm butt heads? Is that not conflict of interest? If it is COI than how can I fight it? How can I fight the fact that my wife can't even make decisions anymore? what protection is there of your loved one not being in sound mind and people are walking all over her because a year ago she was in sound mind? My wife cannot even sign a document, she just scribbles, but because people know her, they just say"yeah good enough"? Is that legal? Last edited by arto74; Dec 16th, 2008 at 12:25 AM. |
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#2 |
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Normally one or both need to withdraw and help find suitable, non-conflicted counsel. You may complain to the state bar as well if you cannot resolve this.
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#3 |
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THE LAWYERS WILL SCREW BOTH YOU AND YOUR BROTHER IN LAW.
THEY ARE PLAYING GAMES WITH BOTH OF YOU. Forget about contacting the BAR. They are an organization that watches their own industry and ensures the industry stays as corrupted and profitable as possible. You need to immediately contact your brother-in-law. Your brother-in-law sounds like a real Wiesal getting involved in finances that is between you and your wife and having her sign documents while she has brain cancer. This is your wife and you should have the power of attorney. I know you state, you don't want the money, however, you are her husband and it's you who is entitled to it not her brother. The problem is that once you hire attorneys, neither of you will see any money. This is what attorneys are all about. They will play you guys like nothing you can imagine and at the end of the day, no one will have money but the attorneys. Meet with your brother-in-law and verbally discuss the following. (I don't know if it is a good idea to write to him while you both have attorneys bc he may use this against you) If I was in your position, I let my brother-in-law know that if this goes to attorneys and court, they will drag it on for years and rack up fees until almost all the money has been exhausted. This is what they do, this is why they have "engagement letters" with no caps or fee outlines. This is why people say attorneys have a "license" to steal because they do. You need to sit down with your b-in-law and explain all this to him. If it were my relative I wouldn't let my brother-in-law get away with his sneaky ways and would fight him just on principle, I would also let him know that, I would be willing to go until all money is exhausted due to his greed. Also most likely he will not win bc it is your wife and he is only a brother, who had her sign the documents when she was already documented with having late stages of brain cancer. Not only will he lose, he will end up owing money. I would, however, make him a deal and only bc he is the closest relative to my spouse that you would be willing to share the money. Again, I would re-iterate, that if the attorneys handle it, they will intentionally drag it out for years until most of the money is exhausted. The smart way of doing this is too calculate all the expenses then remaining funds will be split 60/40. You are willing to give him 40% after expenses. If you need a mediator, then hire one and offset the mediator's fee's into the expenses. It would be a great disservice to both of you of by continuing with these attorneys, who are already practicing unethical behavior and trust me it will only get worse. There is no one, no gov't agency or oversight committee who cares, trust me, bc I have contacted everyone regarding a group of attorneys who did committed countless acts of fraud and misconduct and literally put me out of business. Fire both the attorneys who are not representing either one of you and only themselves and work out this deal on paper between yourselves. If you need to, go find yourselves an impartial mediator you will both walk away with a good amount after expenses. The Deal that you strike and the list of detailed expenses will all be written out. Create an Agreement for all funds >All Debts >Funeral Arrangement Costs >Mediator (If needed) >Split ( Husband 60% and Brother 40%) Good Luck From Someone Who Knows The Legal System. |
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#4 |
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Two things; since she is of unsound mind, and I'm sure doctors are aware of this, her power of attorney to her brother is void and holds no power. She has to be in control of her faculties to know what she is signing and what she is doing.
Secondly, you are the legal guardian at this time, as you are married to her. Her brother is not. Many companies won't honor a POA anyway, as they are simply a formality, and nothing bound by law. If your attorney works for the same law firm as her or the brother's attorney, you definitely have a conflict of interest and as attorneys, they should realize that. As her husband, you have the authority to override the POA and treat it as if it does not exist. If she had wanted her brother to have control of her finances, she would have signed the POA while she was still of sound mind. It is rather disturbing, however, how many times in your post you mentioned you don't want her money. It makes one think of the saying "me thinks you protest too much". |
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2 lawyers from the same law firm against each other





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