Can I file a grievance for an attorney's error?

Question

Last year, while I was going through a divorce, my former wife had filed a restraining order against me. A few months later, her lawyer informed me via my lawyer that I could contact her with regards to setting up child visitation. Going on that advice, I called my former wife and asked when I might be able to visit my son. She hung up, called the local Sheriff's Department. I called my lawyer to say "WTF?" What happened is her lawyer got me mixed up with another individual and passed the wrong information, which cost me $140 in court fines and a misdemeanor on my record. I was in the military when all of this happened and now I have to explain this misdemeanor charge to every future employer. Her lawyer didn't do anything to resolve this blunder. There were no further incidents. My former wife admitted at the court hearing that I was not threatening her and that I only called to speak to my son. Is there a grievance I can make against the attorney? Could I sue he attorney?

Answer 1

Your beef is against YOUR attorney, not hers. Her attorney owes you no duty of care, so you have no grounds for any action against him. You can, if you choose, file a complaint with the agency in your State that handles attorney discipline (In most States the Bar Association, in some the State courts) but they'll likely take no action.

YOUR attorney, however, badly dropped the ball. Every lawyer knows that the subject of an RO can't contact the party he's restrained from contacting just because she says so. It's the COURT, not the victim, that's ordered you not to have contact, and only the court can waive that. Your attorney should not have passed on the other lawyers info without warning you of that.

You can file a complaint against him with the Bar (or court agency that handles attorney discipline), and yes, you can sue him in small claims for your economic losses.

Richard

Answer 2

You can file a grievance by contacting your local bar association - although they likely will find that there are not sufficient grounds to prosecute. From your narrative, it does not sound like the attorney violated any applicable ethical or disciplinary rule; he just made a mistake.

A legal malpractice suit against the attorney may be more appropriate. To prevail in such a case, you have to prove that your attorney's actions were negligent -- that is, that they fell below the applicable standard of care. Be warned, however, pursuing these suits requires hiring an attorney who, in turn, will have to hire at least one expert witness. It is expensive, and it may be the case that your damages do not warrant the expense. A plaintiffs' attorney should be able to advise you as to whether this is the case.

Answer 3

You can file a complaint with the State Bar, or the Better Business Bureau. But before you do that, make every attempt possible to get her attorney to correct the error.
As for your wife, if she is admitting in court that you were not threatening her, why in the world did she call the Sheriff anyway? I understand restraining orders, but sounds like she needs to get her priorities in order.