Libel/Slander Against Divorce Attorney

[radiomom]

What is the name of your state? Texas

Not sure if this board is more appropriate than the libel/slander boards, so I will post on both. This is a real doozy.

I filed for divorce in 2007, retaining the legal services of an inexpensive lawyer. The saying, “You get what you pay for” could easily be applied. At that particular time, my ex said he would not participate in the divorce and had some very bitter, intense emotions. The first mistake that clued me in to her incompetence was her accidental “absence” during our first court date. She “forgot” it was that morning and rescheduled.

Then, after asking me via e-mail to explain some issues of why I was looking to end my marriage, she “accidently” forwarded the e-mail to my ex! I won’t go into details, but it was quite embarrassing. And to make matters worse, she did it AGAIN a few weeks later!

I am the first person to admit that my ex was a total jerk, and while we had relationship issues he wasn’t willing to work on, he was always a loving father to our daughter.

Because he forfeited his presence at the divorce hearing, my lawyer asked that a final decree be issued that day, to which the judge agreed. I never saw a copy of the decree until after signing the papers she had printed on-the-spot that day. I asked her if there was anything I needed to read over and she assured me it was the same as the rough draft she gave me the week before.

Imagine my surprise when reading over the decree that she had stated that he was physically abusive towards myself and our daughter! This statement baffled me and I left her several messages to which she never replied. I won’t go into details, but my ex was not only hurt and furious, but had a very difficult time ever trusting me again, as he was told that I was probably trying to get more child support by declaring him abusive. Again, he was a jerk, but was NEVER physically abusive.

When the ex received the decree he was outraged, hired a lawyer and proposed a new trial to clear his “good name” as he said the decree can be seen by other people. I had to shell out an additional $2,000 for her mistake. Not to mention, my ex has never fully trusted me. An obstacle that makes co-parenting very difficult.

The good news is we are now attending marriage/parent counseling and working to heal old wounds and behaviors so that our children will benefit from two active parents, rather than growing up in a dysfunctional, broken home. Our biggest challenge has been moving past the physical abuse allegations. I saved every written correspondence I had with this lawyer and there was NEVER anything that indicated he was physically abusive. Bad temper, foul-mouth and extremely hateful at times, but would never lay a hand on us.

That being said, I feel that I shouldn’t have to pay this lawyer for her mistakes and she should be held accountable for her actions. She never answered me on why she put that statement in the decree. I am just not sure how to move forward and would appreciate any advice.

[quincy]

I want you to wait for postings from those forum members who know more about lawyer malpractice than I do, but I thought I would give you some general information here.

In order to prove lawyer malpractice you must show that an attorney/client relationship existed (which you can) and you must show that your attorney violated the standard of care required of an attorney in the state of Texas (which I believe you can) and you need to show that you have suffered an injury as a result of your attorney's actions (you can demonstrate this with the new court hearing your ex-husband has initiated and through the counseling needed to rectify the attorney's negligence). This also is proof of the damages you have suffered (monetary and emotional).

Attorney malpractice is resolved through lawsuits brought by clients against their attorneys. In addition, a client can file an attorney complaint with the Office of General Counsel of the State Bar of Texas. The Bar will investigate misconduct complaints. You have 4 years to file.

Again, wait for others to post. This is just very general information and the experts here can address your particular concerns.