Suing Your Divorce Lawyer for Legal Malpractice in Connecticut
Navigating a divorce is never easy, and this can be true from an attorney’s perspective, too.
That said, an attorney representing you throughout your divorce proceedings is held to a particular standard of care.
If they act negligently and fail to meet that standard, causing you harm as a result, you may have a claim for legal malpractice against them.
At StangerLaw LLC, we have experience assisting clients with their divorce matters, and we can also step in when another attorney’s negligent actions or inaction have damaged you and your divorce case.
Use our guide below to learn more about suing your divorce lawyer for bad representation.
Can I Sue My Divorce Attorney in Connecticut?
Suing a divorce lawyer for bad representation is certainly possible. However, you can typically do so only in certain limited circumstances.
Under the Connecticut Rules of Professional Conduct, an attorney owes certain ethical duties to their clients. For example, an attorney must provide competent and diligent representation and avoid conflicts of interest that would be adverse to their client.
In the context of representing a client in a divorce, a lawyer might commit malpractice if they:
- Miss deadlines or fail to file important documents with the court,
- Fail to discover assets hidden from your view.
- Fail to appear for court dates,
- Fail to communicate with their client,
- Commit fraud,
- Provide incorrect or improper legal advice,
- Improperly disclose confidential or privileged information to an adverse party, or
- Agree to settlement terms without first discussing the matter with the client.
- Fail to properly prepare the client especially where her client is going to give testimony.
Of course, there is no exhaustive list of examples, and there may be many other situations where an attorney’s actions may constitute legal malpractice.
Notably, however, the attorney’s negligent actions alone will not constitute malpractice. In addition, the client must also suffer actual harm.
In a divorce action, this loss is typically a financial loss that results from the attorney’s mistake. Moreover, due to the time and expense often associated with bringing a lawsuit for legal malpractice, there must be significant financial damages to make pursuing such a lawsuit worthwhile for you.
So, Can I sue my divorce attorney in Connecticut for legal malpractice? In short, yes. However, whether or not you should ultimately do so will depend on a variety of factors. Give StangerLaw LLC a call to discuss the facts and circumstances surrounding your case and see what options are available.
My Divorce Lawyer Is Not Fighting For Me: How to Move Forward
It’s important to remember, however, that the statute of limitations for filing a legal malpractice claim is three years. Accordingly, you must file your action within three years of the alleged attorney’s negligence or misconduct that led to your damages.
The time period can be extended by certain facts. Failure to sue on time can result in forfeiting your right to seek compensation for your losses entirely.
Thus, don’t wait—contact StangerLaw LLC and see how we can help you fight for your rights today.