Legal Question in Legal Malpractice in New York

Criminal Negligence , Malpractice

Ex-wife has told me her lawyer has advised her over and over to have me arrested. I am in a custody dispute in Family Court. Ex-wife was given an Order of Protection in Family Court, pressed harassment charges in Manhattan it went to Criminal Court. The Family Court Order of Protection was dropped. Recently Criminal Court dismissed the Criminal charges (30/30 motion) , dropped ex-wifes Criminal Order of Protection and will seal records in 30 days. Can my ex-wifes Lawyer be responsible for the wrongful arrest? Does the Lawyer hold any responsibility in the wrongful arrest?


Asked on 5/29/08, 7:32 pm

1 Answer from Attorneys

Re: Criminal Negligence , Malpractice

That's a tough claim. However, if your ex-wife will testify that her attorney told her to have you arrested even though he knew you hadn't done anything wrong, then you could pursue a case against the attorney. It would not be legal malpractice (because you were not the client) but could be false arrest and malicious prosecution, which both have 1 year statutes of limitations. Feel free to contact me. The above is for informational purposes only and not meant as legal advice.

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Answered on 5/29/08, 7:57 pm


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