This case is captioned Dustin Scott Roberts v. William R. Ray, No E2015-01522-COA-R3-CV, filed April 13, 2016. Roberts retained Ray to draft a prenuptial agreement. Later when Roberts was undergoing a divorce the trial court held that the prenuptial was invalid because Ray did not make a full and fair…
The Nebraska Supreme Court has reversed a grant of summary judgment in favor of a lawyer in a legal malpractice claim. The plaintiff was a former client of a divorce attorney. She alleged that he breached the standard of care by failing to explain to her that she had signed…
This is an opinion affirming the dismissal of a legal malpractice claim against divorce attorneys. Plaintiff alleged that her former attorneys did not “ascertain the full extent of her former husband’s income, and failed to make an adequate record before the matrimonial court regarding her former husband’s level of adherence…
This case is typical of divorce malpractice cases. The plaintiff sued his former lawyers on the ground that they did not adequately address a potential problem of his settlement agreement with his wife. The problem, apparently, was that after the divorce the plaintiff was unable to refinance a loan on…
This is a legal malpractice case arising out of a divorce case. Plaintiff alleged that her ex-husband concealed assets during the divorce case and that her lawyers were negligent in failing to discover those assets. The lawyer defendants moved to dismiss the case, but the Appellate Division of the Supreme…
Source: Davidson v. GUREWITZ, Ill: Appellate Court, 2nd Dist. 2015 – Google Scholar In recent years, there have been several attempts by dissatisfied family law litigants to sue lawyers appointed by the courts to serve various roles. This case involves an attempt to sue a court-appointed child’s representative for legal…
This is, unfortunately, an unpublished opinion, In re Marriage of Elizabeth W. Nesbitt and Bruce M. Nesbitt, 2014 IL App (1st) 131825-U. After the parties divorce reached judgment, Bruce brought a legal malpractice action against his former lawyers for errors he alleged caused him to incur economic damages. Elizabeth then…