How to Sue a Divorce Attorney

You were granted a lump sum payment in your divorce settlement, but you haven’t seen a cent of that money yet because your divorce attorney hasn’t paid you. If this situation sounds familiar, then your first instinct is probably to sue that lawyer. As long as you hire the right lawyer--one with experience in this field--then you can do this.

Instructions

1. Call the Bar Association of the state you live in. Ask for a lawyer in the state who specializes or can handle a lawsuit against another lawyer. The Bar is responsible for regulating the attorneys in your state. Tell them what happened, ask if there’s anything you can do and get the names of several people you can call.

2. Figure out how much money you want to sue your divorce attorney for as well as how hard it will be to prove your case. If your lawyer owes you money as the result of never paying back the settlement you won, then you need to factor that in. Also consider the entire case, because some lawyers won’t take on your case unless they think they can win.

3. Discuss the situation with one or more of the lawyers you found from the Bar Association. This is your chance to fully explain your situation and see what the lawyers have to say. Depending on the attorney, you may need to meet directly with them at their office before they’ll decide whether or not to take your case.

4. Choose the lawyer who best fits your needs and thinks you have a strong case. The Bar Association should give you a minimum of two of three attorneys to speak with, but you need to find the best one. Ask each lawyer if they have experience in suing a divorce lawyer before you make your choice.

5. Take steps to further a lawsuit against your divorce attorney. Your new lawyer will draft a proposal and send it to the person, but you need to be prepared as well. You’ll need to gather up all correspondence with your former lawyer and do everything your new lawyer tells you to do.

Tips & Warnings

• You can usually find the phone number for the Bar Association in the telephone book or online.

• Don’t sue your lawyer if you think you should have earned more money out of your divorce settlement. These cases are often difficult to prove, and many lawyers will pass on the case.