What Recourse Against My Incompetent Divorce Attorney?
If you have decided that your divorce attorney is incompetent, there are several options available to you. These include replacing your divorce attorney, taking administrative action, or filing a lawsuit. Depending on the circumstances, your attorney may even be liable for attorney fees. In such a case, your first option should be to replace your divorce attorney.
(Looking for a trust preparation attorney? Contact us today!)
You should replace your divorce attorney
Before you pay a retainer to a divorce lawyer, you should find out how he or she works. If the lawyer you choose doesn’t work well with your spouse, you should look for another attorney. Having a lawyer who doesn’t get along can slow down the case and force you to pay more.
One of the reasons divorces are moving so slowly is the overburdened court system. Perhaps your lawyer is unable to devote sufficient time to your case. It is important to hire a lawyer who has the time to devote to your case. Many lawyers can look at your file in a few hours.
You should sue your divorce attorney
If your divorce attorney is incompetent, you may be able to file a malpractice lawsuit against him. However, a malpractice lawsuit requires that you can prove that the malpractice caused you financial harm. This can be done in various ways. One example is if your attorney acted negligently and failed to comply with your retainer agreement. Another example is if your divorce attorney pressured you to settle before the end of the proceedings. This might be because the attorney wanted to “cut his losses” by settling sooner rather than later.
If you suspect your divorce attorney of negligence, you should review your case file. It contains all the court documents. If your lawyer failed to meet these deadlines, you may be able to sue him in small claims court. Often, the court will award compensation to you for your losses. However, you should be aware that it is difficult to win a legal case.