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How do I find a lawyer to handle a malpractice suit against another attorney regarding how a divorce was handled.

Everett, WA |

I was given 100% false advise. I am looking for a strong malpractice attorney but one that specializes in Family Law. I have been told, I have a strong case.

Attorney Answers 3


  1. Why don't you ask the person who told you you have a strong case for a recommendation for a malpractice lawyer who knows something about family law issues?

    You can also use the Avvo "Find an Attorney" tab to find such an attorney in your local area, or an internet search engine like google.

    "Malpractice" claims are also much more difficult to establish, by the way, than establishing you got bad advice. It must be shown that the attorney caused you some financial damages and it is exclusively the attorney's fault. For example, filing a lawsuit which is dismissed because of the statute of limitations expiring and it was the attorney's fault the lawsuit wasn't started in time.

    On the other hand, if the "100% bad advice" to which you refer was something like the attorney in a divorce action saying he thought you could get spousal maintenance, or attorneys fees from the other side, or a bigger share of community property than you ended up with, or you think (or someone told you) he should have done more depositions or investigation this may not be malpractice. Losing a lawsuit because you think your lawyer was worse than the other lawyer is not malpractice. It's negligent behavior and a failure to come up to an "average" level of skill and knowledge for an attorney, and if the other side just had a better case than you and that's what the trier of fact determined, it's hard to establish that your loss resulted SOLELY from the attorney's "errors or omissions".

    You also have to pay your own lawyer to go after the other lawyer (who is probably covered by insurance), few lawyers will take this kind of case on a "contingency" basis, like a personal injury matter (car accident case where the other driver was 100% at fault and ticketed, for instance).

    Absent the "smoking gun" type of negligence case (like the lawyer missing the statute of limitations example given above), "malpractice" is hard to prove.

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  2. Who told you you have a case? If it was a lawyer, then hire that lawyer. If it was not a lawyer, then that person is not in a position to give you a legal opinion. Take all your information and paperwork to an attorney who handles legal malpractice case and get an opinion. If you have a case, hire the lawyer.


  3. Most malpractice attorneys would not take this case on a contingency fee - you'd have to pay several thousand dollars up front for the trust account, and pay the monthly bills for whatever the hourly fees were. If you are willing to do that, you will probably succeed in finding an attorney to accept your case for investigation. The attorney would (after collection of the initial trust amount) interview you, collect the court records, and then let you know your realistic options.

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