Legal Question in Family Law in Illinois

Recourse for bad advice?

Atty who holds himself out as family law expert advised client to agree to decree requiring client to sign quit-claim deed to marital home before other spouse is required to refinance and remove client from loan. Ex-spouse has 18 months to refi per decree. Ex spouse has history of bad credit and failing to keep jobs, hence the 18 months. Atty was aware of this. When client expressed concern over signing quit claim while still on note, atty responded in writing that it would be fine and that the lender would surely let him off the hook per the divorce decree (sheer incompetence or willful deception?) Client was in another state, and atty called him 15 minutes prior to final court date to verbally advise him of the final terms in the decree; client did not have copy to review. Now refinancing is difficult, client does not know what ex-spouse's credit is like, and cannot buy his own home due to still being on the note for the marital home. Questions: is there a way to amend the decree? Is there recourse against the atty for grossly negligent advice? What should client do? Thank you!


Asked on 3/20/08, 2:12 pm

1 Answer from Attorneys
John Steele Steele Law Firm

Re: Recourse for bad advice?

You can sue an attorney for malpractice, but it is not easy to establish malpractice. Also, there are likely more facts than what your presenting. Few attorney's would risk their license to deceive a client over a divorce decree. If the ex-spouse has 18 months, and that time has not elapsed, you are pretty much stuck, unless you have a lot of money to "wind back the clock", and even then you might not get what you want.

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Answered on 3/20/08, 4:01 pm


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