Shirk v. Shirk

OPINION

DAVIES, Judge.

The district court, finding that attorney misconduct caused incompetent representation by respondent wife’s attorney, vacated the financial portions of a dissolution judgment. We affirm.

FACTS

Respondent Sandra Shirk, represented by attorney John Mulcahey, filed a petition to dissolve her 29-year marriage to appellant Glen Shirk. In the April 1994 petition, she requested temporary and permanent maintenance. In June, respondent moved for temporary maintenance. A hearing was scheduled for August.

The parties, through their attorneys, agreed to conduct informal discovery. In…