Attorney misconduct - Opp. Counsel

[Portia]

During my divorce (filed 2001, final 2003) I eventually ended up broke and pro se.  My ex and her attorney cleaned my clock financially.  

Well I know better NOW, and have undone a lot of the legal damage.  My question is, how do I go about obtaining financial records from her attorney? Or can I?

We had joint funds - proceeds from the marital home - that were quite substantial.  I ended up with none of it, of course.  There were debts to be discharged, all sorts of things that didn't happend the way we all agreed.

Now here I am wanting to review that (because of new information regarding the debts, etc.) financial history.  Only her attorney had access to those funds.

I believe her attorney paid herself her atty. fees out of the escrow account while those funds were in dispute.

My questions:

1.  How do I request an itemized accounting from her attorney?  Or can I?

Thanks!

[socrateaser]

>During my divorce (filed 2001, final 2003) I eventually ended
>up broke and pro se.  My ex and her attorney cleaned my clock
>financially.  
>
>Well I know better NOW, and have undone a lot of the legal
>damage.  My question is, how do I go about obtaining financial
>records from her attorney? Or can I?
>
>We had joint funds - proceeds from the marital home - that
>were quite substantial.  I ended up with none of it, of
>course.  There were debts to be discharged, all sorts of
>things that didn't happend the way we all agreed.
>
>Now here I am wanting to review that (because of new
>information regarding the debts, etc.) financial history.
>Only her attorney had access to those funds.
>
>I believe her attorney paid herself her atty. fees out of the
>escrow account while those funds were in dispute.
>
>My questions:
>
>1.  How do I request an itemized accounting from her attorney?
> Or can I?

Each spouse is entitled to legal representation paid for from marital assests. Attorney is entitled to fees and if the funds are only available from marital assests then attorney can obtain those fees. I think you're not getting anywhere with this legal theory.

To make any precise analysis, I would need to know everything about the case. It would be a big deal.

[Portia]

Okay - but can an attorney obtain the funds from marital assets that are still in dispute?  She paid herself well before it there was a settlement on the disputed funds.

I have zero accounting of what happened to the proceeds/marital assets.

[socrateaser]

>Okay - but can an attorney obtain the funds from marital
>assets that are still in dispute?  She paid herself well
>before it there was a settlement on the disputed funds.

Yes, because the entire marital estate can be used to fund the legal representation of the parties.

[Portia]

Okay, then my only remaining question really is how do I obtain an accounting of it?  I know I could write my own attorney and ask for an itemized accounting of it, but I didn't have one.  Can I ask opposing counsel?  Well I know I can ask -  do they have to produce it?

Thanks!

[socrateaser]

>Okay, then my only remaining question really is how do I
>obtain an accounting of it?  I know I could write my own
>attorney and ask for an itemized accounting of it, but I
>didn't have one.  Can I ask opposing counsel?  Well I know I
>can ask -  do they have to produce it?
>
>Thanks!

You have no right to an accounting, because the court divided the marital estate and both parties paid their bill. Your ex is the only person with standing to sue for misappropriation, because the attorney only owed a fiduciary duty to his/her client -- not to a third party.