Legislature Allows Suit for Prior Divorce Misconduct

If you have questions about divorce, legal separation, alimony entitlement, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.

A man from Trumbull, Connecticut has been authorized to sue the Statewide Grievance Committee and the Judiciary Department after a seven-year legal battle that culminated this week in a rare step in the waning hours of the legislative session.

The state House and Senate voted to reverse a decision by the state claims commissioner and allow Daniel M. Lynch to sue the state for what he says was a mishandling of his right to recover damages from an attorney who has since resigned.

Lynch said Friday that he will seek at least $200,000 when the suit is filed later this year. He said his claim for damages stems from a decision by various state employees and officials to allow former lawyer Stanley Goldstein to resign from the bar while Lynch’s complaint and disciplinary action against him was pending.

“They cut off my only route to recovery,’’ Lynch said. “When they allowed him to resign, it ended their jurisdiction, and my ability to proceed against him.’’

The underlying issue arose during Lynch’s 2009 divorce proceedings, the Trumbull man said. Goldstein had been his ex-wife’s attorney during the divorce proceedings, and Lynch said he pointed out to his own lawyer several times that Goldstein had missed deadlines and committed other misconduct.

Case law protects opposing counsel from claims of misconduct, Lynch said he was told, “because their obligation to act in their client’s best interest takes precedence. Individuals have a path to address a lawyer’s misconduct: the statewide grievance committee.’’

After denying his claim the first time, the panel and the chief disciplinary counsel moved Lynch’s appeal to the Litchfield Judicial District.

“There was no Bridgeport good-old-boy network up there,” Lynch said, “and they found probable cause for four violations.’’

But as the process wore on, Goldstein was allowed to resign, closing the complaints. Several state officials “together and in concert worked to strip me of my only right to financial recovery,’’ Lynch said.

He attempted to sue those people — “when you sue a state employee you are suing the state, and you need approval to do that,’’Lynch said.

But the claims commission denied him that permission before the Legislature, in a rare move, overturned that ruling Tuesday.

For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.

Source: CT Post