Q: Can an attorney without the approval of all parties change the terms of a signed mediated marital settlement agreement
After the mediated marital settlement agreement (MSA) was signed by all parties (enforceable pursuant to CCP 664.6) Without the approval of all parties Respondent's lawyer changed the terms of the original signed MSA, then presented the modified MSA as the original. In court Respondent counsel admitted to changing the MSA, without petitioner approval. The Sacramento Superior Court threw out both the illegally modified MSA and the original signed MSA. Does the behavior of Respondents counsel qualify as attorney misconduct?
A: Probably, but it depends on the circumstances. Were there two attorneys? Was there any communication between them as to the change, either by phone or in writing? It looks like the problem got resolved by the court throwing both out and placing the parties in a pre-agreement situation. Best wishes, thanks for the opportunity .
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