Legal Question in Civil Litigation in California

Action against family law attorney

On June 1 2006 my ex wife and I entered into a stipulated court agreement stating her family law attorney would prepare a QDRO by September 1, 2006. As today that attorney has not prepared anything and I have not received any money. I have spent over $15000 in attorney fees and interest trying to get her attorney to do what was ordered. I was awarded a refund from my ex of $ 4000 in attorney fees. My question is can I take legal action against the attorney in civil court to recover the rest or at least a partial of my legal fee's since he still has not done what was agreed ?


Asked on 7/17/07, 12:45 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Action against family law attorney

Since you have spent an additional $15,000 trying to get the attorney to prepare a document, I feel ther must be some other important facts you have not brought up. Your attorney coldhae gotten the other one held in contempt, the task of preparing the document turned over to another attorney other the parties themselves. Ask your attorney to give a detailed explanation why none of that was achieved. Check with the State Bar Association what the status is of the attorney; talk to one of the people there to find out the current status as he may have matters pending and if they can do anything [your wife may have to file the complaint as he is not your attorney although he owes a fiduciary duty to you as to this one document]. Your curent losses would not economically justify a separate malpractice suit; find out if he has malpractice insurance.

Good luck.

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Answered on 7/21/07, 11:19 am


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