What can I do if my divorce lawyer got me an unfair settlement?

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Question:

What can I do if my divorce lawyer got me an unfair settlement?

Answer:

A divorce lawyer is supposed to help you to protect your rights in a divorce and supposed to assist you in getting the best and fairest settlement possible. If you believe your divorce lawyer failed at that task and got you an unfair settlement, you may be able to hold your attorney liable for malpractice. Whether you may do so or not will depend on a number of factors:

  • The first and most important factor will be determining if your attorney behaved with the standard of care expected of a reasonably competent attorney. If any reasonably competent lawyer would have advised you not to take the settlement and your attorney encouraged you to do so, then this is a good example of a situation in which your lawyer breached the standard of care. No matter what your attorney's actions, the key will be holding them up to what a hypothetically reasonable lawyer would have done to see if they fell short. 
  • If you can prove your lawyer breached the required standard of care, the next step will be proving losses. This is also very tricky, since you will need to prove you would have definitely gotten a better settlement if your lawyer had done his or her job better. Merely saying you think the settlement was bad isn't going to be enough- you are going to have to prove exactly what you would have gotten otherwise. 

As you can see, winning this type of case is very tricky. You need to make sure you have a good lawyer going into your divorce. If it is too late for that, contact an experienced lawyer who specializes in attorney malpractice to find out what your options are. 

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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