Retaining a divorce attorney is a major decision. You literally place a very important part of your live in the hands of a divorce lawyer, trusting that she competently and effectively will represent your interests. Unfortunately, there are instances in which a divorce attorney does not appropriately represent you in your case. Concluding that your divorce lawyer is guilty of malpractice, you have the legal right to sue her.

Potential Settlement

The first phase of the malpractice process is attempting to reach a settlement with your divorce attorney. The reality is that an attorney may be interested in trying to reach a settlement short of going to trial. By reaching a settlement with you, the divorce lawyer avoids the bad publicity associated with a malpractice trial. The laws in most states require that a reasonable effort be made to settle a matter before a malpractice lawsuit is filed. Therefore, to cover all of your bases in suing your divorce attorney, make certain that you document your efforts to settle the dispute. For example, send a demand letter to your divorce lawyer through certified mail with a return receipt requested.

Legal Representation

A lawsuit against your divorce attorney for malpractice is a complicated legal proceeding. A malpractice case of any type is one of the most complex of cases in the American legal system. Because of the nature of a legal malpractice case, you seriously need to consider hiring an attorney that specialized in this area of the law to represent. Because of the nature of the legal profession, plan on seeking a legal malpractice attorney outside of your immediate community.

Legal Malpractice Standard

The baseline of what constitutes legal malpractice is that the attorney substantially deviated from the standard course of practice. In layperson's terminology, the standard of what constitutes malpractice is that no attorney acting in a reasonable manner would do what you attorney did in your case. (In the alternative, no attorney acting in a reasonable manner would fail to do something that your own lawyer did not do in your case.)

Source:

"How & When to Sue Your Lawyer"; Robert Schachner & Robert Phillips; 2005

"Legal Malpractice"; Ronald; Smith Jeffrey Mallen; 2008

More Information:

Attorney.org: Legal Malpractice