Not satisfied with your divorce lawyer’s services? Thereby, are you searching for the answer to the question, “Can you sue your divorce attorney?”. You can learn everything you need to know about “Can you sue your divorce attorney?” in this article.
Let’s dive in!
If the outcome of your case is not favorable, it’s obvious to doubt your divorce attorney. But it’s important to know if it’s really your lawyer’s mistake or any other reason. Some possible reasons could be unfavorable expectations from your lawyer, an update in law, etc. So make sure to confirm this before taking any action against your lawyer.
It’s possible that your attorney misrepresented your case in court as a result of negligence or ignorance. And that had an impact on how your case turned out.
Many people have faced this issue. If you’re one of them, this article helps you understand when you can sue your divorce attorney for legal malpractice.
And that raises the question…
Can you sue your divorce attorney?
And the answer is yes! You can sue your divorce attorney for not handling your case properly due to negligence. But that gets more complex than you think. So it’s suggested to get the help of a legal malpractice lawyer who handles such cases. They’ll guide you with the best possible advice, depending on your case.
In general, it’s always suggested that you hire another lawyer to review your case instead of going straight to legal malpractice lawyers. And there is an appropriate reason for this, i.e., the second lawyer can figure out if the first lawyer actually made any mistake or not. And if there is a mistake, is that fixable or not?
Because if the first lawyer didn’t make any mistake, you cannot put an allegation of legal malpractice on your divorce attorney. And you can’t even claim for the fee you paid them.
But if they made a mistake that is fixable, you most likely cannot make an allegation of legal malpractice. Because that would not cause any damage. But you may claim that the fee’s to be paid to them (depending on your case).
And if they made a mistake that is not fixable, you can sue your divorce attorney for legal malpractice. In such cases, you need to search for an experienced legal malpractice lawyer and get their help. Even though it gets quite difficult to prove the mistake of the divorce attorney, with proper proofs in your hands, you can prove that.
Read More: How to heal after divorce?
I hope that clearly specifies the answer to the question, “Can you sue your divorce attorney?”. Now let’s move ahead to know how to prove the negligence of your divorce attorney.
How to prove your divorce lawyer’s negligence or mistake
Simply collect all the documents that are relevant to proving that the attorney has not done their duty properly, like the occurrence of a breach, not giving the right legal advice, missing deadlines, any damage or harm caused by their negligence, not communicating with you, overbilling, etc.
For this, you can collect the written document and the messages you exchange with them that prove the allegations of legal malpractice against your divorce attorney.
Other than that, consult another lawyer (or legal malpractice lawyer) to know what other evidence you may need to make your case stronger.
Read More: Common divorce mistakes to avoid
End Verdict (Can you sue your divorce attorney?):
If you’re not satisfied with the outcome of your divorce case due to your attorney’s negligence or mistake, you can sue your divorce attorney. Just be clear on one thing: it’s not going to be easy, as such cases are more complex than you think. But hiring an experienced legal malpractice lawyer makes the process less stressful; they help you in every possible way they can.
