since 1997 my attorney has been handling my divorce case from then to now the only thing that has happen was a loss in child custody and a paper stating that i'm divorced but i'm having trouble with the community property settlement and when we went to court a few months ago the hearing officer said how come this hasn't been settled now i think this is going to force me to lose my share. i couldn't get another lawyer because i couldn't afford to start over.
2006-09-24 15:09:30 · 11 answers · asked by benny h 1 in Politics & Government ➔ Law & Ethics
Firstly the Statute of Limitations on suing a lawyer is in most cases 2 yrs from the date of the occurrence of the alleged malpractice and you must be able to prove deliberate malfeasance and/or negligence as well as damages. And that only pertains to some matters--In some instances a lawyer cannot be sued for a whole host of legal reasons.
Secondly, you said he's been handling your divorce since 1997 but you also said you received your divorce decree.
If that is the case then your settlement is final and has been made part of the decree.
If there are problems with receiving your share of the settlement, that has nothing to do with your lawyer and everything to do with your ex-spouse failing to comply with the settlement.
You don't need your lawyer to go back to Court--you can do it yourself by filing an Order to Show Cause to get back before the judge who signed your divorce papers and letting him/her know that your ex is not complying. There are several remedies open to the Court to compel your ex to give you your proper share.
2006-09-24 16:37:21 · answer #1 · answered by auntienaw 2 · 0⤊ 0⤋
The lawyer can be sued for "failure to represent" you if the community property settlement was included in the agreement between you and your lawyer of what the lawyer was supposed to do for you. If not, but it was all hashed out legally I believe you would have to file a motion with the courts for "enforcement of litigant's rights". Your state may have different laws or terminology but probably not that different.
2006-09-24 15:14:15 · answer #2 · answered by twistedmouse 3 · 0⤊ 0⤋
with the aid of fact that's the guy who employed the lawyer that is unquestionably doing the Suing. The lawyer is purely doing what they are paid to do. that isn't the lawyer's concept to sue every person.
2016-10-17 22:12:16 · answer #3 · answered by genthner 4 · 0⤊ 0⤋
Yes, lawyers can be sued. If you can't afford an attorney look for your local legal aid ... if you can't find it in the phone book call the local bar association.
2006-09-24 16:01:34 · answer #4 · answered by OldGringo 7 · 0⤊ 0⤋
You can file a complaint with the Board of Attorneys for misconduct and they can review and he could lose his license. Yes attorney's can be sued.
2006-09-24 15:18:29 · answer #5 · answered by mom of girls 6 · 0⤊ 0⤋
yes you can sue an attorney, but not just for losing, remember in civil court one side has to always loose, And often attorneys try thier best even though they know it may be hard.
So you will have to show where they did something illegal or immoral not merley just losing.
2006-09-24 15:21:19 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You should file a complain with the Bord of attorneys in your aria
2006-09-24 15:11:49 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Anybody can be sued. And lawyers should probably be sued more frequently than they are. Go for it.
2006-09-24 15:24:37 · answer #8 · answered by Jesus W. 6 · 0⤊ 0⤋
yes u can file a complain about Ur attorney
Good Luck
2006-09-24 15:18:13 · answer #9 · answered by INDI 2 · 0⤊ 0⤋
Lawyer's can be sued..
2006-09-24 15:12:21 · answer #10 · answered by ? 5 · 0⤊ 0⤋