Is this legal malpractice?

by **herald** » Sat Apr 02, 2011 7:25 am

My divorce lawyer lost my case, I wasn't happy with the judgement so I consulted another family law attorney for an evaluation of my case with my divorce lawyer. When she called me back she told me my lawyer's strategy was very poor and he made alot of stupid decisions in my case, for example...we live in an equitable distribution state, he told me to split assets 50/50, he didnt do enough investigations in my case, he let my ex violate several court orders which included he wasnt suppose to take assets out of the house, the ex signed my name to tax returns to get the savings on a joint return (he would of owed if he filed separately). I was told by another attorney, my divorce attorney should of filed a lawsuit against my ex to get back my half but my divorce lawyer agreed with the ex's attorney that he should keep the tax money because he claimed (without proof) that he was using it to pay household expenses...I'm looking for a legal malpractice attorney to sue my lawyer because I feel he messed up my divorce case?

by **wahchintonka48** » Sat Apr 02, 2011 7:27 am

sounds like he was lazy and just trying to get as much money out of you as possible. u should have hired a good female lawyer who would fought tooth and nail for you

by **bronsin** » Sat Apr 02, 2011 7:37 am

sounds like he was lazy and just trying to get as much money out of you as possible. u should have hired a good female lawyer who would fought tooth and nail for you

Not many lawyers handle cases in legal malpractice, so you need to find one who does that and have your case evaluated. The burden of proof is generally 1) but for the legal malpractice you would have won the underlying case, and 2) that you suffered significant actual damages as a direct result. Good luck!

by **chozai65** » Sat Apr 02, 2011 7:46 am

Did you give your first attorney unlimited funds so that he or she could do unlimited work? How much did you pay to that attorney? Do you still owe them money? Did you agree and pay for the attorney to hire a PI to do "enough investigations?" (Attorneys are generally not licensed private investigators.) Your description leaves many questions unanswered.

Most legal work involves a burdens-versus-benefits analysis. Before you decide your first attorney acted unethically, you may want to get a realistic estimate of how much all of the work you mention would have cost you, and decide whether you could have afforded it.

by **regenweald** » Sat Apr 02, 2011 7:55 am

It is not enough for a malpractice. No one is ever happy in a divorce. If you feel very strongly about it, you may call the State Bar Association of your State and file a complaint against him, which will be investigated.

They can also force him to make restitution to you and they also keep a fund of their own, paid for by the lawyers of that state. That is, if they find he indeed screwed up.

Looks like you may have enough not to be considered frivolous, but it is close. Bar investigates things that may not even rise to the level of malpractice. Besides, this will not cost you anything. A malpractice lawyer, if they take the case, would start at $10,000.

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