Legal Question in Legal Malpractice in New York

Legal Malpractice

Oversimplified: While in middle of a divorce, while trying to determine equitable distribution (2 assets - restaurant and home) I discovered that my husband forged my signature at a closing in 2004 while buying other partners out of our restaurant. He gave me 3% and himself 97%. At that closing, his attorney notorized the forged signature. Although the end result was a 50/50 split, it caused a great deal of problems during the divorce proceedings (2006)and enormous extra legal fees and monetary losses due to his 97% control because of this ( I eventually bought him out of the restaurant). I do not feel that this attorney should be able to get away with this. Question: was this whole situation that took place at the closing when my signature was forged (2004) ratified when I bought him out and took over the existing LLC?

I truly hope this makes sense to you. Thanks in advance.


Asked on 6/05/07, 8:59 am

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

Re: Legal Malpractice

Whether or not you ratified by the buyout (and I suspect you may have), you would have no malpractice claim, because the attorney wasn't working for you - he was working for your ex.

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Answered on 6/05/07, 9:30 am


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