When a person is making the difficult decision of whether or not they should file for a divorce from their spouse, they often seek legal advice from a lawyer. The lawyer is trained in the complex issues and is expected to give good advice. They look to the lawyer to provide guidance and protect their interests during a time when they might not be thinking as clearly and level headed as they normally do. If the lawyer does not fulfill her responsibilities to the client then the lawyer should pay damages to the client.
If, for example, the lawyer fails to file the appropriate motions in Court to help the client pursue an order for alimony or child support on modification and the client is unable to have the order be retroactive the lawyer may be liable for legal malpractice. If the client meets with a lawyer for advice about a divorce action, but that lawyer has represented the client’s spouse for other related matters in the past or at present, the lawyer may be liable for legal malpractice. If the lawyer draws up documents which result in damages to the client because they are unclear, do not cover points that they should or in some cases are simply different than the agreement they lawyer may be liable in legal malpractice. Some of these areas are very technical such as division of retirement assets, QDRO, transfer of real estate, income tax issues and questions regarding estate taxes. Your lawyer will probably not be up to speed on every issue; expect your lawyer to tell you so and to involve someone else they will recommend such as your accountant or a lawyer who specializes in a certain area such as the QDRO, in the process.
Family cases are particularly emotional times for people and they rely a great deal on the counsel provided by their lawyer. If your lawyer failed to handle your divorce action properly, call our office today to discuss your options.
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2 comments:
The law itself seems to state that absolutely NOTHING your ex or their lawyer says about you in court during divorce can be considered libel or slander.
So when one party decides to take the gloves off, prepare yourself for a bumpy ride.
Some parties in messy divorces have found novel ways of fighting back however. One father created a website to try to gather complaints about the lawyer from other people who've witnessed their unethical behaviour, to show a pattern of abuse to the law society. It'll be interesting to follow how that strategy pans out, as from the complaints about that lawyer on the lawyer's rating page there appears to be a number of others with similar complaints.
Another potential option besides libel and slander is pursuing the charge of perjury such as did one father in New York. Doing so can have the side benefit of getting rid of an unethical lawyer on the opposing side since it might be a conflict for the lawyer to represent your ex and be personally involved in a separate case against you at the same time. Needless to say however, tangling with an unethical lawyer this way can be taking the tiger by the tail.
While it seems unfair to blame the victim, in the case of perjury it's almost impossible to reign in the offending party or their lawyer. The only recourse might be a little prevention on your part. Perhaps try to avoid any situation that could potentially be misconstrued by your ex. Especially if your ex is a little vindictive, moderately dishonest, or even worse a lot crazy and completely incapable of seeing that outside their bubble of nuttiness, you are a real person with legitimate claims.
When it comes to divorce, both the involved parties are in a tight precarious situation, which may enhance the inconvenience. The blog alarms us about the possible inappropriate tendencies of fake lawyers to irk their clients. It is highly disconcerting to know that lawyers may be involved in deliberately performing inefficiently. They may put their clients to face unwanted delays in proceedings and harass them with undesirable aberrations.
Divorce Attorneys Miami
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