Divorce is often one of the most emotionally charged and legally complex areas of law. Clients trust their legal teams to protect their financial future, parental rights and dignity during one of the most vulnerable times in their lives.
However, legal professionals can make critical mistakes, and the consequences can be severe. Understanding where things commonly go wrong can help clients recognize red flags early on.
Failing to disclose conflicts of interest
One of the most foundational duties a legal team has is to provide loyal and undivided representation. In divorce cases, this means avoiding any real or perceived conflicts of interest. Common violations include:
- Representing both spouses in the same divorce
- Maintaining prior attorney-client relationships with one spouse while representing the other
- Engaging in romantic relationships with a client
Failing to disclose these conflicts or obtain proper waivers can damage trust and serve as grounds for malpractice if the client can prove harm resulted from the conflict.
Missing crucial deadlines
Divorce litigation comes with tight timelines—whether it’s:
- Filing responses
- Submitting financial disclosures
- Adhering to court-ordered deadlines
A missed deadline might mean a default judgment, excluding crucial evidence or losing an appeal opportunity. These aren’t just procedural hiccups; they can dramatically alter the outcome of a case.
Breach of fiduciary duty
In divorce cases, legal teams are required to:
- Keep clients informed
- Safeguard confidential information
- Avoid self-dealing
Breaches might include negotiating settlements without client consent, failing to disclose potential tax implications of asset division or neglecting to inform clients of all available legal options. Clients who feel blindsided or betrayed by their legal team’s decisions can cite a breach of fiduciary duty in malpractice claims.
Inadequate discovery and asset evaluation
Legal practitioners handling divorce must diligently identify and assess all marital assets and liabilities. Failing to uncover hidden accounts or relying on incomplete financial disclosures can result in an unfair settlement. If a client later learns they were shortchanged because their legal team failed to investigate or retain proper experts, they may pursue legal action for professional negligence.
Divorcing couples who believe they’ve experienced legal malpractice from their legal teams can seek a second opinion from a more reliable legal team. Having a fresh set of eyes on their case can potentially help them pursue legal action and secure favorable outcomes.