Can I Sue My Divorce Attorney? What You Need To Know

If you have hired a divorce attorney to help you with a legal issue involving your marriage, you may wonder if you can sue them for negligence, breach of contract, or other misconduct.

The answer is yes, but only under certain circumstances and with some challenges.

image of divorcing couple
Divorcing Couple [PHOTO COURTESY OF FAMLAW]

The grounds for suing a divorce attorney are similar to those for suing any other professional service provider. You need to prove that:

– The attorney owed you a duty of care, which means they had to act with reasonable skill and diligence in handling your case.
– The attorney breached that duty of care, which means they made a mistake or failed to do something that a competent attorney would have done in the same situation.
– The attorney’s breach caused you harm, which means you suffered some loss or damage as a result of their negligence or misconduct.
– The harm is quantifiable, which means you can measure the amount of money you lost or the extent of the injury you suffered.

Image of divorced wife
Divorced wife [PHOTO COURTESY OF DUPAGE]
Some examples of possible grounds for suing a divorce attorney are

Failing to file the necessary documents or meet the deadlines required by the court.

– Giving you incorrect or misleading advice about your rights or obligations.

– Misrepresenting or withholding important information from you or the court.

– Failing to communicate with you or keep you updated on the progress of your case.

– Failing to protect your interests or follow your instructions.

– Overcharging you or mishandling your funds.

Challenges faced when suing an attorney

However, suing a divorce attorney is not easy and may not be worth it in some cases. Some of the challenges you may face are:

– Finding another attorney who is willing and able to take your case against a fellow professional.

– Proving that the attorney’s mistake or omission was not just a reasonable error of judgment, but a clear breach of their duty of care.

– Proving that the attorney’s breach directly caused your harm and not some other factor beyond their control.

– Proving the amount of damages you are entitled to and collecting them from the attorney or their insurance company.

– Facing the risk of losing the case and having to pay the legal costs of both sides.

What is the most complaint against lawyers

Incompetence

This means the lawyer failed to act with reasonable skill and diligence in handling the case.

Lack of communication

This means the lawyer did not keep the client informed or consulted on important matters.

Lack of attention

This means the lawyer neglected or delayed the case and harmed the client’s interests.

Misrepresentation or dishonest

This means the lawyer lied or withheld crucial information from the client or the court.

Fee disputes or excessive fees

This means the lawyer charged too much or mishandled the client’s funds.

Summary

Suing your divorce attorney in Kenya is possible, but challenging.

You need to prove that they breached their duty of care and caused you harm.

Before you sue, you should consider other options, such as talking to your attorney, seeking a second opinion, filing a complaint, or negotiating a settlement.

READ MORE: Do I Need a Lawyer for Divorce? Understanding Your Options

 

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