Independence, KY asked in Divorce, Family Law and Legal Malpractice for Kentucky

Q: Can an attorney make a deal with the opposing attorney not to present a key piece of evidence in court?

My ex withheld disclosure of real estate even though my original attorney had sent interrogatories to him. He did not answer them and my attorney took me to mediation without pressing for full disclosure. I was unaware that full disclosure had not been given. When I discovered the error and confronted my attorney he withdrew from the case. The opposing attorney filed the final documents for dissolution while I was without counsel. I objected to the settlement and got another attorney to represent me. He resent the interrogatories to the opposing attorney who said my ex was under no obligation to answer them or provide further disclosure. Although I expected that the interrogatories that were not answered initially would be used in court, my attorney did not ask my ex any questions nor present the interrogatories. The opposing attorney badgered me about having signed without full disclosure. I believe the opposing attorney made a deal with mine the night before court.

1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Legal Malpractice Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: No. What you describe above sounds like malpractice.

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