Legal Question in Legal Malpractice in Florida

Legal Malpractice

My divorce attorney talked me into settling even though I knew my ex-husband had hidden assets. She said that since I couldn't find the assets, there was nothing I could do about it. One month after the divorce I discovered a business and a $600,000 house that was not disclosed on his FA. My attorney then took on my post dissolusion case. She issued subpoenas to banks and mortgage companies, but the subpoena process was defective. His attorney filed sanctions against my attorney. In mediation my attorney talked me into withdrawing the subpoenas and said she would reissue them with A Motion to Set Aside. She filed the Motion to Set Aside, but refused to reissue the subpoenas. I then transfered council and it took me a year in litigation and another transfer in council to get a ruling to allow discovery because the opposing council kept trying to get by on technicalities as a result of my 1st attorney's incompetence. The subpoenas are now issued and we will receive the info we need to set a hearing for the motion to set aside. I spent over $300,000.00 on 1st attorney, and am near bankruptcy. I feel she has commited several counts of malpractice. Do I have to wait till my case is over to sue her for Malpractice?


Asked on 5/20/09, 12:30 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Legal Malpractice

This is a very difficult issue to answer and a lot more facts would be required. You do not have to wait, but you may be able to wait. It may be best to prpoceed now, but perhaps not. It really does depend on a lot of little facts to make that judgment.

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Answered on 5/20/09, 2:06 pm


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