Legal Question in Family Law in Arkansas

Re: Is this legal malpractice?

To prove legal malpractice, you must prove

(1) that you would have achieved a result better

than that which you received in the underlying

case and (2) that the reason you did not achieve

the result you desired was because of the

attorney's negligence. (It's a little more

complicated than that, but for now, this is sufficient.)

In your case the underlying case was a divorce.

You got the divorce you wanted. However, it

appears that you were displeased with the terms

and conditions which settled that divorce.

So the question becomes, Was the attorney the cause of the

complained-of terms and conditions?

Specifically, you wrote that your were depressed. Your atty did not cause that depression.

You write that it was your husband not the atty

who

used physical intimidation to get you to sign an

agreement you weren't prepared to sign.

The offensive

letter was sent not by your atty but by your

husband's attorney.

The problem which you present is that your

attorney

represented your husband's father in his divorce.

You had to have known that before you retained him as your lawyer. You knew in advance that he had a potential conflict of interest.

No one forced -- at least you did not say that anyone forced --

to use that atty.

You wrote also that your attorney did not fight

for your fair share, but you fail to state of

what, its worth, and how much you got.

Any custody battle to protect (assuming she had

to be protected)

your daughter from family perpetrator, I assume

was determined by the court and not your atty.

Any domestic violence during reconciliation was

not caused by your atty.

Any suffering you and your daughter may have been

suffering has also NOT been caused by your atty.

Although you wrote that your attorney "refuses to

correct [the]mess" and that "there is no way to

change a Final Agreement and Decree," there is

no malpractice if he refuses to work on the

case post-divorce. You can still retain another

atty to review what happened and to determine

whether there is anything can be done.

I do not see malpractice here.

Further, it appears that the court is willing to

hear the issue of domestic violence. That

appears to be subject which should capture your

attention rather than the consideration of

suing an lawyer for malpractice where there is

none.

Good luck.