Legal Question in Legal Malpractice in Michigan

Atty changes things at the last moment and I lose.

What needs to be shown that an Atty has done to constitute malpractice? I had for months discussed and my Atty was aware that I had issues to take to court for my divorce. On the court date he pulled me aside and said that he and my wifes Atty were going to have a settlement meeting. He had not discussed this with me but took it upon himself. We were actually in the meeting when our case was called. I had on a previous occasion objected to such a meeting. My Atty coerced me to attend . Due to my mental state of mind from the continuous and unyielding pressure ,financially and emotionally, I conceded to some things I did not want to.

My Atty wanted the meeting to get this over because he had an important trial that he would not be able to make if mine went to trial. He did this for his own benefit and I came out a loser. I would have faired much better with a trial.


Asked on 5/22/01, 4:52 pm

1 Answer from Attorneys
Don Darnell Darnell & Lulgjuraj, P.C.

Re: Atty changes things at the last moment and I lose.

Legal malpractice is really like any other type of negligence. You must prove that a lawyer had a duty to you, what the standard of care in that duty was, and how his actions breached the standard of care, and of course you must prove damages.

It sounds like what you complain of are ethical violations, which are a bit different. You have a couple of options, ask your lawyer to have the settlement/judgment set aside, have another lawyer try to set it aside, maybe file an action to recover damages, or if you really think that there was an ethics problem, contact the state bar and complain. The state bar will agressively investigate and if they find wrongful conduct they can often set things right without a civil case. But beware, if they find that the lawyer did nothing wrong, he/she can sue you for defamanation.

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Answered on 6/26/01, 9:19 pm


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