Legal Question in Real Estate Law in Louisiana

Representaton without knowledge of proceeding

How can a lawyer represent me for two

years and I never knew I had a court

appointed lawyer? Now I have to

respond immediately on if I am going to

show up or be absent on a matter that

has been going on for two years. It is

reguarding a divorce decree that said to

sell domicile. There was a buyer, moved

to CA with children per court

permission, and signed/notorized final

papers and mailed back. Thought house

sold and was done. Ex reniged on sale

and refused to move. He did not pay

mortage and seizure started. To stop it,

he filed bankruptcy. (Nov 04) I got a

copy of it and wrote courts reporting

things were joint (not reported as joint

in assets statement and sent copy of

divorce orders. I heard nothing till now

from a Lawyer who I now find was

assigned to me Dec 04. Is this legal?

How do I respond? Get a Lawyer in CA

who I can see to contact the one who

hasn't contacted me for two years?

Income to pay a lawyer is an issue let

alone fly/drive to LA for a court hearing.

Will I have to pay him? I have the kids

and a job and make it month to month.

Please explain the legalities of what has

occurred. My understanding and trust

of the system is not clear now.


Asked on 11/23/06, 2:11 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Representaton without knowledge of proceeding

Louisiana is the only one of the states of the USA that has a legal system based on the Civil Law rather than the Common Law. Civil Law comes from Europe, most notably France, where the Napoleonic Codes were adopted. This reflects Lousiana's French historical background. All 49 other states and the District of Columbia have law based on English Common Law; even though many of those states had Spanish or other historical influences, the English system became prevalent.

Because Louisiana law is so strikingly different from that of any other state, it is especially dangerous to assume anything you know about law and court procedure will apply there. You absolutely must get advice from a lawuer who is admitted to practice in Louisiana.

I jasten to add that all states operate under the United States Constitution, which contains guarantees of due process (and the other Constitutional rights and guarantees), so they can't be totally out of step down there, but the details of court procedure, property law, and divorce are going to draw heavily from the Civil Law and it's, well, different.

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Answered on 11/23/06, 11:45 pm


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