the bar association will refer the matter to the chief disciplinary counsel's office automatically in mo...

Cool. In KS the Bar Assoc likes to 'recommend' mediation, etc. etc. The KS Disciplinary Administrator goes directly to the blue letters. (office uses blue stationery)


edit: So I've been told.

Good to know. Hopefully I won't need to ask for advice in the future.

It's a pretty obvious malpractice situation.

But yeah, get a new attorney. Have the attorney file a Mx to vacate the order and do it QUICKLY. I'm not sure how the family courts operate, but you're generally looking at 20 - 30 days before that becomes a final order.

He should be in a lawyers office today. Explain the situation, have them vacate the order and move along. The family lawyer will likely know the timelines involved and how to get the matter noticed up and set on the quickest available motion docket.

If there is any additional cost/expense for him (including the attorneys fees for the Mx to vacate), that forms the basis of his malpractice action against the attorney.

It's not exactly an 'ineffective assistance' situation because A) that's generally only used in criminal defense situations and B) it's also usually only grounds for appeal or a new trial. It's just not the right grounds to have this set aside. Ultimately, courts hate default judgments and that's what this was. So have the default judgment and order set aside, cite 'excusable neglect' and the fact that there's no prejudicial impact on the wife by having a hearing on the merits.

This isn't unfixable, not even a little, but he needs to move quite quickly. As for the Missouri Bar - I wouldn't bother. It's extremely hard to actually have an attorney disciplined by the Bar and court dates get missed more than you know. Ultimately, the Bar isn't going to yank or suspend a license for a missed court date. And the Bar can't award money judgments either (that's what the malpractice action is for).

You guys are awesome! He has an appointment with a lawyer today. Hopefully, there's still time as he found this out yesterday and the hearing was last week.

Much thanks for helping me help a friend.

Good luck, man. A death in the family sucks, but that's no excuse to ignore your responsibilities like he did. Hope you guys win a favorable judgement.

Apparently Joplin doesn't have family court commissioners, so the new lawyer will need to, as DJ suggested, file a motion with the judge.