Legal Question in Legal Malpractice in New York
bipolar disorder and legal malpractice
In my separation case, my attorney was told that I was suffering from a bipolar disorder episode. Yet he did not prevent me from signing the agreement or ask for a psychiatric evaluation. This resulted in me getting 9% of the assets and my spouse getting 91% of the assets. Is there a case citation (in NY) that I can use for filing an malpractice lawsuite against the attorney?
1 Answer from Attorneys
Re: bipolar disorder and legal malpractice
Legal malpractice is a specialty area of the law, and dependent also upon where (which county) the alleged malpractice occurred. Generally speaking, your lawyer is not your physician. If you were and, thus, are too ill to know what you were doing then you should be represented by a law guardian. Otherwise you are responsible for your decisions. Can there be exceptions? Possibly. But it is a relatively high and difficult threshold to surpass. If the case was in NYC or on L.I., you or your guardian can contact me to arrange for an appointment since the foregoing is not to be considered legal advice.