ChiefsPlanet - View Single Post

DJ's left nut · 12-20-2011, 10:23 AM

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).

12-20-2011, 10:23 AM	#19
DJ's left nut Sauntering Vaguely Downwards Join Date: Sep 2005 Location: Columbia, Mo Casino cash: $-920901	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). __________________ "If there's a god, he's laughing at us.....and our football team..." "When you look at something through rose colored glasses, all the red flags just look like flags."
Posts: 66,904