What to do when a lawyer wrongly directs you.

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do when a lawyer wrongly directs you.

Family received money from deceased father’s invested money 3 yrs later. Sought lawyer, he opened estate, money was paid out. Now probate says that the money should have gone to deceased 2nd wife’s estate due to ohio law. Lawyer said he thought they were divoriced, even tho all the paper work from his office states wife. Divoriced was never brought up. Should he be resonsible for paying this money to the estate. The family no longer has the money.

Asked on June 17, 2009 under Estate Planning, Ohio

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you feel that your former attorney has made a mistake, you should consult with a new attorney who is experienced in bringing legal malpractice/professional misconduct lawsuits against other attorneys.  It may be necessary for you to obtain a copy of your file from your former attorney.  Once your new attorney has reviewed the file, he/she may be able to determine whether your former attorney made a mistake that exposes him/her to civil/professional liability.  All attorneys are ethically required to carry malpractice insurance, so there is a good chance that if you can demonstrate malpractice you will be able to recover money from your former attorney to make up for that mistake.  Moreover, you and/or your new attorney may want to file a grievance with your state bar association ethics board so that your former attorney is not able to keep repeating the mistakes that he/she made with you with other clients.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption