If my attorney conspired against me, what can I do? 2 Answers as of June 09, 2014

The trustee of our family trust petitioned the court to approve her first accounting and actions. I would not be attending the hearings so I hired an attorney to represent me. I had many valid complaints about our malicious trustee, and looked forward to my day in court. Unfortunately, this attorney conspired with the trustee and opposing counsel to defraud me. I was lied to by my attorney about the court proceedings, and none of my objections about the trustee ever reached the court. The case ended in February 2013. I didn't realize the fraud and conspiracy until March 2014 when I discovered that the court examiner’s notes from the hearings conflicted with statements by my attorney in our email conversations. I found that he had lied to me twice about the court examiner’s issues with the trustee’s accounting. Researching other statements he had made, I found that most of what he told me was BS intended to persuade me to do things that would benefit the trustee. This was not just legal malpractice, incompetence, or mistake etc. He intentionally damaged my case. I believe he and the trustee both were guilty of fiduciary fraud against me. I also think they committed fraud on the court by conspiring to submit false information in the trustee’s accounting, and circumventing the judicial process by not raising my objections about the trustee. The entire proceedings were a sham because I was never actually represented. I understand the court can grant a new hearing where a party was not allowed to fully present his case, or under Rule 60 where there was fraud on the court. How should I proceed? And do I need a fraud attorney or a probate attorney?

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Law Ofices of Edwin K. Niles | Edwin K. Niles
Because probate work is so specialized, I would think you should be talking to a probate lawyer.
Answer Applies to: California
Replied: 6/9/2014
James M. Chandler | James M. Chandler
l would suggest that you contact a probate attorney.
Answer Applies to: California
Replied: 6/9/2014
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