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Do This Lawyer's Actions Qualify As Malpractice

1 Answers. Asked on Jan 15th, 2017 on Legal Malpractice - Utah
More details to this question:
My ex attorney not only sponsored an out of state attorney in my divorce and child custody action; but also represented me in my home state. This attorney made, for over a year representations of what she would do, discovery she would perform and motions she would file It appears she did nothing and as a result of her actions both in not ensuring the out of state attorney followed proper procedure and deadlines, my witnesses and documents were struck at trial and I have not been able to see my children for almost two years due to the fact that a temporary custody order is just hanging out doing nothing. Does this qualify as malpractice?
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Answered on Jan 16th, 2017 at 11:34 AM

At the outset, I need clarification. You mention trial, but then you complain that you have not seen your children for two years under the temporary orders. This does make a difference to you main question. Has the divorce been finalized? If so, when? The reason I am going there is to see if there might be an avenue to correct the wrongs before looking at malpractice.

As to the potential malpractice, yes it sounds like you may have a case, depending on the exact facts and the damages you suffered. Those damages could include any attorney fees incurred in fixing the situation, if it can be fixed as I noted above. For general information on malpractice, please see

These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/2 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.

David R. Hartwig


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Legal Malpractice
The vast majority of attorneys act ethically and diligently representing the interests of their clients. But what happens when you hire a lawyer who has a conflict of interest, makes errors in your representation, is negligent or breaches his or her fiduciary duty? In those instances, you may have grounds for a legal malpractice complaint or lawsuit. Law firms that represent the victims of legal malpractice can help you file a complaint with your state's lawyer registration and disciplinary commission, while also filing a civil lawsuit against your former attorney.
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