My attorney of record failed to introduce material evidence and the true facts of my case at the Child Support hearing.

Asked 10 months ago - Fairfax, VA

Can I file a claim against his professional liability insurance to remedy the damages he created as a result of his negligence and ineffectiveness in handling my case? I cannot be held responsible for his failures and I refuse to be held accountable for his disservice (and the perceived fraud upon the Court).

Attorney answers (2)

  1. Brandon Harvey Zeigler

    Pro

    Contributor Level 8

    3

    Lawyers agree

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    Answered . Before you consider filing a legal malpractice claim which is difficult and expensive schedule a meeting with your attorney to discuss your case. Make sure each of you understands the other position. Review your options. If the child support hearing was in Juvenile and Domestic Relations District Court you can appeal within 10 days of the hearing and have a new trial.

    I have handled several legal malpractice cases but would not take one where child support was the issue because the court has a lot of leeway to fashion a remedy in those types of cases and part of a malpractice case is proving that the outcome would be in your favor if all of the document you wanted introduced were admitted into evidence.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Zeigler is licensed to practice in the Commonwealth of... more
    Rixon Charles Rafter III
    Rixon Charles Rafter III, Litigation Lawyer - Fairfax, VA
    Posted 10 months ago.

    Good counsel.

  2. Joshua Bradley Farmer

    Pro

    Contributor Level 10

    Answered . To prevail in a malpractice case, you would have to prove that the attorney's conduct fell below the standard of care for an attorney in the community and that his behavior caused you damages. That is a tall burden.

    This is general advice based on limited interaction in an online forum. The reply does NOT create an attorney-... more

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