Legal Question in Legal Malpractice in New York

Divorce Malpractice : I was yesterday served with papers for settlement fees with my (original) divorce attorney. Our agreement had been he would receive payment when the settlement was achieved, which it still is not. He had also indicated that we would go over the billing , as there were �negotiable� items. This case has languished since it�s settlement in April 2008- Over the last two months-he refused to return my calls, which I interpreted as abandonment of the case.

Through out , this attorney gave advice that caused significant financial losses, for myself and my ex-husband, as assets were dissipated due to wasted time and poor advice. In one particular instance, He advised (poorly) not to prosecute ex husband in bank fraud case.

Non proactive through out the case, which took 4 years, he recently stopped returning calls, ( 5 calls in 10 days, no reply- despite insistence that it was urgent- not something I say without it being warranted) .

I filed a grievance with the bar association.

I had to go to the county and retrieve my own copy of the divorce decree, as one was never supplied. Nor was I made aware of the date. Properties were not delivered as laid out in the divorce agreement, child support was not enforced or delivered, property taxes were left unpaid, properties fell into tax lien, houses into foreclosure. etc.

Three weeks ago I was forced to retain an attorney to help enforce the edicts of the signed divorce stipulation , and protect what property was left.

I sincerely believe the first attorney was negligent and did not act in my best interest, nor did he follow up properly , to assure the stipulation was adhered to, timely. All resulting in loss of assets and income.

My finances - partly due to his ill handling of my case, are in shambles.

How would I begin a malpractice case?


Asked on 8/28/09, 12:06 pm

1 Answer from Attorneys

Rory Alarcon Rory Alarcon, Esq.

I suggest that you speak with your current family law attoreny to determine whether your prior attorney was negligent to the degree that you would have an action. In addition, I suggest that you once again contact your prior attorney to possibly reach a settlement on your dispute.

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Answered on 9/02/09, 2:29 pm


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