What canbe done if my attorney is incompetent and benefits/liabilities are not being properly split?

We collected balance of marital debts, separation debts, and were supposed to split them out. His lawyer typed up that the marital debt would be paid off as well as my ex’s separation debt, leaving me with no money and $14,000 in debt. My lawyer say that “we” agreed to it and its all done and there’s nothing that hewe can do. He said, “OOPS, sorry I guess you have a **** lawyer”. I have signed nothing. What can I do?

Asked on September 21, 2010 under Family Law, Michigan


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your attorney would have needed your authorization to agree to the agreement in its present form.  By approving that agreement without your consent, your attorney may be liable for malpractice.  You should contact the MI State Bar.  It would also be advisable to contact an attorney who handles legal malpractice cases.  Since you did not sign or consent to the agreement in its present form, you should argue that the agreement should not be enforced against you.  If you and your ex can agree to amend the agreement so that it clearly states the agreed upon division of the marital debts and separation debts, that would be another option.  The amendment should include language that it supercedes the prior agreement and that the amendment is controlling in the event of a conflict.

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