Long Beach, CA asked in Legal Malpractice for California

Q: What steps to file a suit again my prenuptial lawyer for malpractice; the legal document is not holding up.

The counsel is saying the prenuptial has "holes in it." Ex wants 110K because the prenup won't stand in court due to her errors/fraudulent work. He wants alimony. The clearly addressed all this with the prenup lawyer.

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2 Lawyer Answers
Kenneth Sisco
Kenneth Sisco
PREMIUM
Answered
  • Legal Malpractice Lawyer
  • Norco, CA
  • Licensed in California

A: You are premature in looking at a legal malpractice lawsuit. As with almost all civil litigation, you must prove damages in order to prevail. At this point, from the facts stated, you have no damages. All you have is a demand from your former spouse's attorney that your prenup will not hold up. He may be completely mistaken.

Your first call should be to your prenup lawyer, and let him/her explain why the agreement is good. If your prenup lawyer does not give you satisfactory answers, or is unavailable, you should consult with your own prenup lawyer, to discuss your exposure.

In any event if you roll over and settle with your ex, now you have damages, and grounds to sue your prenup lawyer. However, your former attorney will have the opportunity to defend himself, and show he was not negligent, for any of a number of reasons. You will need to prove that he was indeed negligent, and you will look much better if you have given him a chance to defend himself before suing him.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Let me see, your spouse's lawyer is saying the prenup won't stand up in court. You have not said why. This statement is not binding on the Court, and is exactly what an attorney representing an adverse party would say in order to try to gain an advantage in a negotiation. Before you sue your former attorney who drafted the prenup, you should hire YOUR OWN ATTORNEY to review it and to provide you with the specifics about what he thinks is wrong with the document and whether he believes that he can get the Court to enforce it. You are kind of jumping the gun to rely on what your spouse's attorney says, because that is in their best interest, not yours. There are many attorneys here on Justia that practice family law and will be pleased to assist you.

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