What to do when a lawyer wrongly directs you.
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What to do when a lawyer wrongly directs you.
Family received money from deceased father’s invested money 3 yrs later. Sought lawyer, he opened estate, money was paid out. Now probate says that the money should have gone to deceased 2nd wife’s estate due to ohio law. Lawyer said he thought they were divoriced, even tho all the paper work from his office states wife. Divoriced was never brought up. Should he be resonsible for paying this money to the estate. The family no longer has the money.
Asked on June 17, 2009 under Estate Planning, Ohio
Answers:
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
If you feel that your former attorney has made a mistake, you should consult with a new attorney who is experienced in bringing legal malpractice/professional misconduct lawsuits against other attorneys. It may be necessary for you to obtain a copy of your file from your former attorney. Once your new attorney has reviewed the file, he/she may be able to determine whether your former attorney made a mistake that exposes him/her to civil/professional liability. All attorneys are ethically required to carry malpractice insurance, so there is a good chance that if you can demonstrate malpractice you will be able to recover money from your former attorney to make up for that mistake. Moreover, you and/or your new attorney may want to file a grievance with your state bar association ethics board so that your former attorney is not able to keep repeating the mistakes that he/she made with you with other clients.
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