Legal Question in Legal Malpractice in Oregon

My husbands lawyer hired my lawyer to represent me. My lawyer called me offering his services. I was charged less then a $1,000. for his services. He didn't object to any questions, nor ask any questions in court. He lead me to believe that he was assigned to me do to my financial situation. I lost over $300,000.00 in our 401K. I lost the continuing income from the Hazel nut orchard that we both purchased the starters, sapling trees. I was the person with the help of my young sons would carry water out to each tree once a week all summer long. It was just recently that I realized that there is no such thing as a court appointed lawyer from the courts. Plus that was when I found out that my lawyers fees were paid by the opposing lawyer. I want to renegotiate or file an appeal due to fraudulent nature of my lawyer and the lack of defense for the financial part of the divorce do to deceit and misrepresentation of my so called lawyer. I even had to claim bankruptcy. Is there a time limit to file an appeal to the court and file charges against lawyer.


Asked on 7/20/15, 3:09 pm

1 Answer from Attorneys

Daniel Meek Daniel W. Meek

What you have described is mallpractice on the part of "your" attorney and unethical conduct on the part of the other attorney. You would need to bring a lawsuit against one or both of them within 2 years of the time you suffered the harm, which would probably be the date of the final decree of divorce. If you were subject to fraud or deceit (and it appears that you were), then the 2 years does begin until you discovered the fraud or deceit (as when you discovered that your husband's lawyer hired "your" lawyer or when you discovered that your husband's lawyer paid your lawyer. It may also be possible to reopen your divorce proceeding on grounds of fraud.

I personally do not handle cases like this. You should call attorney Linda Williams at 503-293-0399 or Mark McDougal at 503-224-2647.

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Answered on 7/20/15, 11:41 pm


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