Legal Question in Legal Malpractice in New York

Legal malpractice in divorce case?

Wife hires attorney 4/99 for divorce.Husb hires att.Nothing happens for 1 yr.Husb's att files for divorce 5/00.Judge sets case for trial.EBT's take place 2/01.Husb's att DID NOT file paperwork on grounds being uncontested.Wife decides(after learning husb's VA disability compensation is NOT subject to equit distrib)to contest.Divorce trial put on hold for grounds trial. Trial for grounds ruled in favor of wife.Judge's decision based on numerous perjurious answers by wife(which can be documented).Notified by phone that his att was in receipt of written decision 12/02.Husb was told by his att that he did not have to pay wife's att's fees. Based on this husb decided not to appeal.Husb paid his own att in full.3 months later att calls saying case was NOT over in 12/02.Judge ruled for husb to pay wife's att $15,000.Had husb known this in 12/02 he would have seriously considered appealing case because of wife's perjury, opposing att's misuse/misleading of courts and his own att's errors.Husb has paid $40,000 in atts' fees, has no divorce (which was initiated by wife), no legal separation and is 71 yrs of age. What course of action can he take against attorney and/or judgment? And how can he be financially protected from wife?


Asked on 4/24/03, 8:11 pm

1 Answer from Attorneys

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Legal malpractice in divorce case?

Suggest you obtain a second opinion from an experienced matriimonial attorney before you start a law suit.

Read more
Answered on 4/25/03, 12:13 am


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