People preparing for divorce hire lawyers because they need legal guidance and support. They may, for example, worry about their ability to effectively argue on their own behalf. After all, many people become intensely emotional during divorce. An attorney can remain calm and rational in scenarios that may distress their clients. They can educate their clients about the law and help them fight for the best possible outcome in a divorce. Unfortunately, sometimes lawyers have the opposite effect. They provide inaccurate information or fail in grossly negligent ways that have long-lasting negative consequences for their clients.
In a divorce scenario, the mistakes a lawyer makes might be the reason that one spouse loses their house. How could a lawyer cause a client to lose one of their most valuable assets?
Missing key deadlines
Lawyers hired in divorce scenarios often need to hit the ground running. They have a limited window of opportunity in which to respond to a divorce filing. Typically, a formal response filed with the courts contesting proposed terms is necessary. They may only have 21 days after the initial divorce filing to file their response. Lawyers who make mistakes about that deadline and who fail to file the necessary response with the courts can leave their clients trapped in a divorce-by-default scenario. The other spouse may effectively get everything they requested in their initial divorce paperwork due to the lack of a formal response.
Displaying professional incompetence
There are certain myths about the marital home that lawyers may try to clarify for their clients. People don’t automatically lose their interest in home equity by agreeing to leave while their spouse stays in the home throughout the divorce thanks to community property rules.
While the client may still have a claim to equity, they may have a harder time reclaiming possession once they voluntarily leave the home. Additionally, if they cease providing necessary financial support and performing maintenance around the home, their spouse may eventually be able to say that they abandoned the property.
Lawyers need to explain the importance of maintaining an interest in the marital home to their clients, especially if the client proposes moving out for the sake of convenience or conflict avoidance. When attorneys give the wrong advice and their clients end up subject to a highly unfavorable property division decree, the lawyer may have committed professional malpractice.
Pursuing a legal malpractice lawsuit can compensate those negatively affected by a lawyer’s professional failures or incompetence. Those who have lost possession of their marital home and possibly their interest in home equity may have reason to blame the lawyer guiding them through their divorce for that outcome. If they do, a legal malpractice claim could help compensate them for what they’ve lost.