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A Guest Post – Suing A Divorce Attorney for Malpractice

This is a post written by Wendy Dessler.

Suing a Divorce Attorney for Malpractice

So you thought you had hired the perfect divorce lawyer for your case but after the fact you don’t feel they performed as they should have. Do you feel like your divorce attorney did not handle your divorce case accurately?  You may have the option to sue your divorce lawyer for malpractice damages.  But before you do there are some things you should consider.

Be Objective

Keeping a cool head, and emotions in check, can you identify anything your attorney did that was negligent or illegal? There are points of every divorce case that do not go as we would like. Division of property, assets, and debts, is never fun. It is rare for both partners to feel as if they “won”.  It is natural to be angry when we do not get what we consider to be our fair share.  Sometimes people cheat and hide assets. Maybe you think your attorney could have and should have done more. Were his hands were tied due to the amount of money you had available to spend?  

What is Malpractice?

Malpractice is defined as negligence, or breach of fiduciary duty, or breach of contract that causes harm to his client. Malpractice is more than just being unhappy with the judgement.

What do you need to know?

Before you can consider a malpractice suit against your attorney, you need to know if he was negligent, if he betrayed your trust, and if he was the cause of any harm that came to you.

You will probably need to confer with another attorney to get an unbiased opinion regarding the malpractice you believe occurred.

If something unexpected happened, did your attorney have any control over the situation? What would your current attorney do in the same situation? Further, what was your attorney’s legal responsibility? Will the attorney you are now considering to hire, be willing to testify for you as an expert witness?

It may not be easy to find an attorney that is willing to testify against another attorney.  Without an expert witness, you will have a hard time winning your case.

Do you feel you have a case that you want to pursue?


If you feel you have a winnable malpractice case against your divorce attorney, there is one more thing you will need to consider. You will need to hire a highly qualified attorney to represent you in court.  A competent attorney who is willing to take a case against another attorney is going to cost money.  

If you owe your divorce attorney money, it is necessary to pay that debt.  For two reasons, you can’t come back at a later time and sue because you didn’t like the outcome and you don’t want to pay.  Also it may look bad to a judge from your point of view.  They may also think that the problem is that you don’t want to pay your bill.

Most attorneys have malpractice insurance and insurance companies have lawyers whose only job is to defend their clients.  These attorneys are very aggressive. They can be beaten, but you have to have a strong case and a good reason for suing.  

In America, we have a right to sue when we have been wronged. No one is above the law. But we have to weigh out the expense, and honestly decide what we have to gain and what we have to lose. There are times when a malpractice case is the right thing to do. Only, you can decide if it is right for you.

Author Bio

Wendy Dessler

Title: Super-Connector at OutreachMama

Wendy is a super-connector with OutreachMama who helps businesses find their audience online through outreach, partnerships, and networking. She frequently writes about the latest advancements in digital marketing and focuses her efforts on developing customized blogger outreach plans depending on the industry and competition.


Twitter Handle: @outreachmama

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