Norman Steinberg v Bonnie Steinberg, Los Angeles County Superior Court Case Number BD391395.


From the appellate ruling it is Lawzilla's understanding the following occurred:

Attorney Link Schwartz represented Norman Steinberg in a family law divorce case. Schwartz filed an appeal and was later replaced by another attorney.




Schwartz' client sought to change his spousal support obligations.

In particular, there was a life insurance policy he had been paying $6500 per year to maintain, but he was retiring and because he was about turn 80 the policy premium was increasing to $17,000 per month ($204,000 per year) for a $500,000 policy.

Attorney Schwartz' client said with his retirement and increase in premium it would be impossible for him to pay for the life insurance.




The trial judge ruled against Schwartz' client and required that he keep paying for the life insurance.




Schwartz filed a motion for reconsideration, which he also lost.




Attorney Link Schwartz, Esq., then filed an appeal.




However, the appeal was filed three days too late.

Normally, there would be 60 days to file an appeal. But because a motion for reconsideration was made the deadline was 90 days after the motion.

Apparently, Link Schwartz missed both the original 60 deadline and the extended 90 day deadline.

Three unanimous justices said if an appeal is filed to late then the court of appeals has no jurisdiction to consider the matter. It must dismiss the appeal. And that is what happened.

From what we have read from the court of appeals, it appears to us that attorney Link Schwartz committed malpractice and potentially seriously harmed his client.

You can draw your own conclusions and read the opinion yourself.

But the client is about 80 years old, retiring, and being told he has to pay a life insurance premium costing $17,000 per month.

That is a ridiculous $204,000 per year premium for only a $500,000 policy.

Does Schwartz' client now have to declare bankruptcy? How would that affect his other assets?

We don't know the likelihood of success for the appeal, but to us this screams injustice. How can a judge make someone pay $17,000 they cannot afford.

In the appellate opinion we did not see how much Link Schwartz' client will be making in retirement, but the client said he could not pay this amount.

Would you hire Link Schwartz to be your divorce attorney?

This is only one case but the outcome seems devastating to his client.

Link Schwartz was admitted to the California Bar in 1987. Bar Number 132513.

LINK K. SCHWARTZ & ASSOCIATES
1801 Century Park East Suite 1100
Los Angeles, California 90067

Law School: New College of Law