A Law Firm Known For Getting Results

  1. Home
  2.  » 
  3. Legal Malpractice
  4.  » Legal malpractice suit dismissed for technical reason

Legal malpractice suit dismissed for technical reason

A legal malpractice lawsuit filed by the former wife of retired NFL quarterback Kenny “The Snake” Stabler remains dead, after a judge rejected her request to reconsider the suit’s dismissal. The plaintiff in this legal malpractice case had accused her former attorney of failing to get the judge in a prior case recused.

According to Wikipedia, the plaintiff was married to Stabler from 1984 until about 2002. She has retained the last name Stabler. In 2011, she was charged with misdemeanor harassment in connection with an alleged disturbance in a courthouse restroom. A non-jury trial was conducted, and the judge found her guilty.

The judge happened to be the same one who presided over the woman’s lengthy divorce to Stabler. However, the ex-wife’s attorney did not file a motion asking the judge to recuse himself. Believing that the judge was biased against her because of the divorce case, the woman later sued her attorney for legal malpractice.

In the state where this suit was filed, someone who believes his or her attorney provided negligent representation must bring an expert witness to court. The expert witness is supposed to identify what standard of care the accused attorney failed to live up to.

The plaintiff in this case never produced an expert witness, arguing that the state Supreme Court had created an exception in her favor. But the judge dismissed her malpractice claim. In May, he declined to reconsider his decision in a brief order.

As in other civil lawsuits, there are standards of proof that a legal malpractice plaintiff must reach to prevail at trial. If he or she has a strong case, he or she is likely to get a favorable verdict or settlement.

Source: Al.com, “Judge rejects Rose Stabler’s request to set aside her ruling in legal malpractice suit,” Brendan Kirby, May 8, 2014