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Legal malpractice?

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Tod1d

Junior Member
What is the name of your state (only U.S. law)? Florida

In April 2010, I went through a divorce. I did not seek legal counsel for this. On the day of my court hearing, I arrived at the courthouse and was met by my (now) ex-wife, who informed me that her lawyer told her to tell me that "this is just a formality, and you (I) don't need to be present." I now know this to be false. Am I able to go back to that attorney and collect damages, in the tens of thousands of dollars, for legal malpractice?
 


CTU

Meddlesome Priestess
What is the name of your state (only U.S. law)? Florida

In April 2010, I went through a divorce. I did not seek legal counsel for this. On the day of my court hearing, I arrived at the courthouse and was met by my (now) ex-wife, who informed me that her lawyer told her to tell me that "this is just a formality, and you (I) don't need to be present." I now know this to be false. Am I able to go back to that attorney and collect damages, in the tens of thousands of dollars, for legal malpractice?
No. Nope. Not even. There is no case here, for anything.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Florida

In April 2010, I went through a divorce. I did not seek legal counsel for this. On the day of my court hearing, I arrived at the courthouse and was met by my (now) ex-wife, who informed me that her lawyer told her to tell me that "this is just a formality, and you (I) don't need to be present." I now know this to be false. Am I able to go back to that attorney and collect damages, in the tens of thousands of dollars, for legal malpractice?
No.

Why you chose to believe your ex-wife is beyond me but the lawyer is not responsible for nonsense passed on by his client to others.
 

adjusterjack

Senior Member
What is the name of your state (only U.S. law)? Florida

In April 2010, I went through a divorce. I did not seek legal counsel for this. On the day of my court hearing, I arrived at the courthouse and was met by my (now) ex-wife, who informed me that her lawyer told her to tell me that "this is just a formality, and you (I) don't need to be present." I now know this to be false. Am I able to go back to that attorney and collect damages, in the tens of thousands of dollars, for legal malpractice?
No.

That's just plain silly.

Her lawyer was working for her, not for you, and had no obligation to you whatsoever.

That you believed your ex is entirely on you.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Florida

In April 2010, I went through a divorce. I did not seek legal counsel for this. On the day of my court hearing, I arrived at the courthouse and was met by my (now) ex-wife, who informed me that her lawyer told her to tell me that "this is just a formality, and you (I) don't need to be present." I now know this to be false. Am I able to go back to that attorney and collect damages, in the tens of thousands of dollars, for legal malpractice?
What malpractice do you think occurred? It seems to me that the attorney did a great job for his client!
 

CTU

Meddlesome Priestess
No.

Why you chose to believe your ex-wife is beyond me but the lawyer is not responsible for nonsense passed on by his client to others.
What is it we say over in family law? "Never take legal advice from your ex/stbx .... "

:cool:
 

quincy

Senior Member
Frankly, the OP doesn't even know whether the lawyer even said this...
It seems highly unlikely that the attorney said anything of the sort, Tod1d.

It appears what was said to you was a story created by your ex-wife and believed by you to your detriment. You no doubt would have benefited from having an attorney of your own.

There is no legal action for you to pursue against the lawyer. After seven years, you should probably be concentrating on something other than your divorce hearing.
 

quincy

Senior Member
Here is a link to Florida attorney Rules of Professional Conduct:

https://www.law.cornell.edu/ethics/fl/code/FL_CODE.HTM

Although this does not appear to apply to Tod1d based on his description of what happened seven years ago (nor would it matter at this point even if it did), it should be noted that an attorney DOES have an obligation to an opposing party, whether the opposing party is represented by an attorney or is representing himself. In the link above, please note Rule 4-3.4, Fairness to opposing party and counsel.

It would have (or could have, at any rate) made a difference at the time if, instead of the ex-wife, it was the ex-wife's attorney who told Tod1d falsely that his presence was not needed in the hearing.
 
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latigo

Senior Member
What is the name of your state (only U.S. law)? Florida

In April 2010, I went through a divorce. I did not seek legal counsel for this. On the day of my court hearing, I arrived at the courthouse and was met by my (now) ex-wife, who informed me that her lawyer told her to tell me that "this is just a formality, and you (I) don't need to be present." I now know this to be false. Am I able to go back to that attorney and collect damages, in the tens of thousands of dollars, for legal malpractice?
That story is so phony I can hear your teeth rattling when you tell about it!
 

quincy

Senior Member
That story is so phony I can hear your teeth rattling when you tell about it!
Some stories told by some storytellers are definitely more believable than others.

At least the question Tod1d asked was an easy one to answer. The "no" and "no" and "no" responses showed rapid agreement.
 

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