Upgrad LLM

my lawyer cheated me in mutual divorce petition case. please


Hello there. I went through marital issues with my wife last year and consequently we decided to part ways and apply for divorce mutually. We are just one month short of one year separation necessary to file for first motion. Few days back, my wife's lawyer contacted my lawyer and my lawyer asked me to sign on the mutual divorce petition prepared by my wife's lawyer which was already signed by my wife. I also signed the petition. Both the lawyers said they would get a date in the month which would fall after one year separation period. Few days later I got to know that the petition was filed and it was already withdrawn. And I was shocked to see the statement given by my lawyer as recorded on the judge's order sheet. My lawyer had given statement that I asked him to withdraw the case when I had NOT given any such instructions to him. In fact I made very clear to him that I want this divorce. Obviously he cheated me and did this on the instructions by my wife's lawyer as my wife's lawyer is senior to him and that my wife's side is playing games and they don’t really want a divorce. Please advise what I should do to get the order on this petition reversed. How should I go about telling the judge that I didn’t give instructions to my lawyer to withdraw the divorce petition? And what can I do to discipline my lawyer? Please help me.
 
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scientist

File a written complaint with local bar association and meet its president personally.

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Advocate/Attorney

 You should file a written complaint with local bar association and Bar Council of that particular state and apart from that you have to file a private complaint against your lawyer before the local criminal court.


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Consultant

Did you use the thumb impression or literally signed the document.... :P


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Hi Mr. Mango, which document are you talking about? Are you referring to vakalatnama? If yes, I didnt sign any such document. And hence I have requested for ceritfied copy of the full petition and the other documents inlcuding the order from the court. I'm also surprised when I ahvent signed any such docuemnt, then how come the judge take my lawyers' words on by behalf and pass the unjustified order?

 
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lawyer

i agree with the above said view, file a complaint against the lawyer, i am sure there is some misunderstanding that if the 1 year period of separation was not there, then your petition could have not been accepted at any cost. but even if we consider it also, you can march back in that court along with the certified copy of the petition and the order, when the matters are done, you can request the judge to hear you out and show her that u have been wronged. she just might restore the petition on your request. (its worth a try)

and if your wife is not willing for divorce then you cant get divorce through mutual agreement in any case. therefore, you will have to fight a contested divorce.


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self employed

There are many advocates ( like others  in other fields) who r cheat, blackmailers, careless, get sold out, loose papers, non punctual, unprepered etc which causes treamondous loss to hirere. We must all be careful . 

 
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Thanks Aashish. I've applied for the ceritfied copy of the petition + order. I'll update as soon as I get it .

 
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Thanks all. One more question - What are the future steps do you foresee my wife's side could take now? And what should I do in order to minimize the damage to me and my family?

 
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