Friday, July 24, 2009

Failing to Properly Investigate & Perform Discovery: Value of Eric Clapton Guitar Leads to Legal Malpractice Suit

When lawyers fail to properly investigate or perform discovery on a matter the consequences can be devastating to a client’s legal and financial position. Legal malpractice in divorce cases is not uncommon. This can happen when a lawyer ignores or overlooks a witness who has knowledge that might have helped the client’s case. Another example is a situation where your attorney fails to follow up on discovery information obtained from opposing counsel during a substantial divorce case.

For example, one New York court recently denied a motion to dismiss by an attorney being sued for insufficiently investigating a husband’s assets. The plaintiff-wife believed that the attorney’s failure to retain a forensic accountant and his subsequent acquiescence to the husband’s valuations of the assets caused her to be short-changed in the equitable distribution of marital assets. Included in the assets the wife alleged she was short-changed on, was a very valuable Eric Clapton guitar that may have been undervalued to the extent of $300,000; a very costly error by the attorney. These attorney mistakes occur all the time and we can help if it has happened to you. When Connecticut lawyers fail to properly investigate or perform discovery on cases our legal malpractice attorneys can help.

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