when the gal is colluding with opposing attorney

What happens if the Gal does not follow the law?

You should most often trust your lawyer. “Colluding” with the other lawyer does not include conversations they may have about your case. A certain amount of professional agreement between attorneys is good in the resolution of criminal and civil actions, and they must have those conversations outside your presence sometimes.

What happens when a gal takes a position adverse to a party?

Apr 08, 2015 · 4 attorney answers. Posted on Apr 9, 2015. I frequently hear people say that they believe the lawyer has colluded with the other side. This is always very unlikely. The reason it is unlikely is due to the serious nature of the penalties should the lawyer be caught. Most likely the lawyer learned something in mediation that caused him to do the 180.

How do you deal with a gal in court?

Apr 02, 2015 · GAL hired by opposing party in custody battle after they did not like report from Court Appointed GAL. ... Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their ...

Can the gal’s recommendation influence the court?

May 05, 2014 · Bob says: May 7, 2014 at 10:47 am. There is no doubt that the entire eco-system of attorneys, business analysts, psychiatrists, counselors, mediators, and consultants involved in our divorce were in collusion. There was no mistake that after the well had run dry that the attorneys settled for the exact amount owed.

What is the most common complaint against lawyers?

How do you deal with aggressive opposing counsel?

What should you not say to a lawyer?

Do opposing lawyers talk to each other?

What do you do when opposing counsel won't respond?

Why is my attorney not fighting for me?

Why do lawyers take so long to get back to you?

How do you seduce a lawyer?

How often should I hear from my attorney?

Are lawyers friends with each other?

Do lawyers get along with each other?

Is it normal to not hear from your lawyer?

Why is my attorney colluding with the other side?

You don't really give us many facts here to conclude your attorney is "colluding" with the other side because of some nebulous connection with an investor in one of the marital assets which is apparently involved in the division of your marital property. The division of property in a divorce is often a complicated matter where there are a lot of assets and is subject to a lot of negotiation and uncertainty, even if the parties...

Why is it unlikely to get a lawyer caught?

This is always very unlikely. The reason it is unlikely is due to the serious nature of the penalties should the lawyer be caught. Most likely the lawyer learned something in mediation that caused him to do the 180. I would suggest you sit down with your lawyer, in person, and try to express your concerns.

Did the gal investigate any of the leads I gave him?

The gal did not investigate any of the leads I gave him. The magistrate had a stay for seven months. And the clerk of courts refused to send out the subpoenas. The clerk of courts told my attorney’s staff they were to short of staff to fax the subpoenas over my attorney’s office the day before the trial.

What happens if an attorney liases with your spouse?

If an attorney manages to liase many or all all your issues, then you have already lost, especially if they have told you not to talk to the spouse and they have served their purpose by fait accompli. If it comes down to money, you have lost, that is the level of basic understanding marriage has become for males.

Do judges know the laws in Florida?

And your are right, the judges dont know the laws and/or the Florida Statutes, so no one should take for granted that they do. But the reality is,,they dont know them because they dont have to know them, because they just fly by the seat of their pants and there is no one to check them.

What does it mean when a GAL takes a position adverse to a party?

When a GAL takes a position adverse to a party, at the least it is a major setback for that party’s case — in some cases it is the “death knell.”. Every attorney who litigates custody matters has been confronted with a GAL who takes a position contrary to the attorney’s client.

Is a GAL recommendation received poorly?

The GAL’s recommendation is likely to be received poorly by at least one of the parties. Courts place a great deal of importance on a GAL’s findings and recommendations. To do otherwise would make appointment of a GAL a needless expense to the litigants.

What is a GAL in custody?

The guardian ad litem (GAL) in a custody case is in a position to make or break the case for either party second only to the trial judge and the parties themselves. For that reason, attorneys and litigants alike are well-advised to work cooperatively with the GAL during litigation. In the ideal world, the GAL is able to perform a quick yet thorough investigation and give insightful advice to both counsel that will allow their parties to reach an amicable resolution of custody and/or visitation issues that is in the best interests of the children involved. Unfortunately, we do not practice in a perfect world. One party’s perception of what is best for the children frequently varies significantly from the other party’s perception. When the parties simply cannot agree on a way to handle custody and visitation, the GAL’s investigation and recommendations become central to the trial of a custody case. The GAL’s recommendation is likely to be received poorly by at least one of the parties.

When the parties cannot agree on a way to handle custody and visitation, the GAL’s investigation and recommendations

When the parties simply cannot agree on a way to handle custody and visitation, the GAL’s investigation and recommendations become central to the trial of a custody case. The GAL’s recommendation is likely to be received poorly by at least one of the parties.

When the parties are polarized on the issue of custody or time sharing, will the GAL take a position

When the parties are polarized on the issue of custody or time-sharing, the GAL will invariably take a position adverse to one party or the other. When a GAL takes a position adverse to a party, at the least it is a major setback for that party’s case — in some cases it is the “death knell.”.

What are the two reasonable alternatives to a GAL?

There are only two reasonable alternatives: negotiate a settlement with the opposing side or litigate the case in spite of the GAL’s position. To take either route effectively, one must know the full extent of the GAL’s work, and recommendation and one must know the facts upon which the GAL bases his position.

What is the role of a GAL?

Almost universally, the GAL would attend depositions, mediation, settlement conferences and hearings. The GAL usually is empowered to conduct discovery.

Is it ethical to represent opposing parties in the same firm?

The question is not one of legality, but ethics. It is not ethical for two attorneys in the same firm to represent opposing parties without the written consent of both parties to waive the obvious conflict of interest. I would suggest you find yourself another attorney.

Is a slam dunk conflict of interest a bad idea?

This is a slam dunk conflict of interest. There are some ways to deal with the conflict, but both clients must agree after being fully aware of the conflict and the lawyers must agree not to look at each others files. It is a very bad idea for the lawyers to do so. You have remedies and should consult an independent lawyer.

What is the solution of the aggrieved party?

The solution of the aggrieved party is usually a result of Declaratory Judgment without relief. Proven Examples: There is significant case law to show that in matters of Extrinsic Fraud and Fraud Upon the Court can be solved by way of Declaratory Judgment without Relief.

Do all officers of the court work in concert?

All officers of the court are Working in Concert. As such, any attorney you hire will most certainly participate in the Fraud Upon the Court. Your own counsel will not have a choice but to participate or the other Officers of the Court will ultimately report him to the State Bar for some action.

What is fraud upon the court?

Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury. Bulloch v.

Is simplicity through declaratory judgment a successful, proven means?

Simplicity through Declaratory Judgment is a successful, proven means in accordance with the Evidence Code and the Rules of Civil Procedure that would also allow you to avoid the Statute of Frauds and the Statute of Limitations from being used against you in a Demurrer.

Can you expose fraudulent evidence at trial?

Any attempts for you to expose the Fraudulent Evidence that was presented as an ambush at trial is directly accepted by the court without any qualification. In essence the matter is set up by the court and all of the Officers of the Court to directly rule against you at Trial without objection.

Is an appeal appropriate?

An Appeal is not appropriate since it was not a technical error but rather Intentional Fraud. In Fraud Upon the Court the matter is much more related to Extrinsic Fraud and the petition would directly bring the action back in on the finding of the material fact.

What is the Statute of Frauds Errors and Omissions?

Plausible Deniability: The fact is that when Lawyers are engaged in Fraud Upon the Court the means of creating a hook that will cause your case to ultimately lose is to omit critical evidence. In that manner, your attorney has Plausible Deniability that the omission ever existed.