Hayward, CA asked in Child Support, Divorce and Legal Malpractice for Texas

Q: If my divorce lawyer didn't look out for my best interested & the divorce was settled.Can I get another lawyer & refile?

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: No. Your settlement will preclude you from relitigating your divorce against your former spouse.

Your legal remedy is a legal malpractice case against your former attorney. You will need to show that your former attorney’s conduct did not meet the standard of care for attorneys practicing family law and that but for your attorney’s substandard performance, you would have “won” something in your divorce case that you did not “win.”

These can be very difficult and very expensive cases to pursue.

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