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Divorce attorney accused of failing to file, costing his client

Going through divorce can be stressful enough, without worrying that your attorney is missing deadlines and providing poor legal advice. A woman says that her divorce lawyer provided negligent representation, and left her bankrupt and without a fair share of the marital assets.

The woman hired the attorney in 2012 to handle her divorce case. As is often the case, a major issue in the divorce was the division of the marital property. After her lawyer asked the court to divide the property, the court gave them 90 days to file a list of the assets to be split up.

But the woman’s description of the marital property never arrived at the courthouse. According to the plaintiff, her attorney tried to send it via fax file, but somehow failed. As a result, the woman’s ex-husband’s list was accepted uncontested.

This severely hampered the woman’s chance to get a fair portion of the property, she says. With her financial situation in danger, her attorney advised her to declare bankruptcy.

The divorce resulted with a great deal of property in her ex-husband’s hands that should have been divided up with the plaintiff, according to her legal malpractice lawsuit. In addition, she is unable to get credit due to the bankruptcy. She believes that the divorce would have gone very differently if she had had competent representation.

It is always disappointing to hear stories about someone whose attorney failed to live up to his or her duties, costing them money or legal rights. When that happens, clients have the right to seek compensation from the attorney who let them down.

Source: The Louisiana Record, “Law firm sued for legal malpractice in divorce, bankruptcy proceedings,” Kyle Barnett, Feb. 14, 2014

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