NoDivorces

Divorce Attorney Malpractice
by Attorney David Moody
submitted by Billy Miller
Sunday, December 07, 2003 10:40 AM

Lesson 1: Competence in Winning Cases

1. An attorney is required to be competent.
2. An attorney who attempts to represent a client in an area in which the lawyer is incompetent commits malpractice.
3. 13% of all divorce petitions are dismissed by the party who brought the suit.
4. A competent divorce lawyer who represents respondents who do not want to be divorced should succeed at least 13% of the time.
5. If the divorce lawyer loses every case, he is incompetent and has committed malpractice.
   

Lesson 2: Following the Client's Instructions

An attorney is required to follow the client's instructions.

1. The client is the boss of the case, not the attorney.
2. If a client tells the lawyer, "I don't want a divorce," the lawyer is required to defend against the divorce zealously.
3. The basic steps a lawyer must take is to discover the facts of the pending divorce action (take the opposing spouse's deposition and interview other witnesses) and bring those facts to the trial court's attention. The final ruling is out of the lawyer's hands.
4. A lawyer who does not investigate the facts is not following the client's instructions. Without facts, no divorce can be denied.
5. Most divorce lawyers insist on settling cases. This means that no actual trials ever take place. Without a trial, the client's position that a divorce is not required in this instance is never given to the judge to decide.
6. The lawyer who settles a case in which the client says, "I don't want a divorce" has committed malpractice for failure to follow his client's instructions.

Call anti-divorce lawyer David Moody at (806)791-2400.

He is searching for divorce lawyer malpractice test cases.
If your case is chosen, he will take the case at no charge.

Here is a story on ABC News about a wife who sued her late husband's mistress.