Idaho Falls, ID asked in Divorce, Legal Malpractice and Family Law for Idaho

Q: What can I do if I have legal fees incurred after my attorney failed to have a document notarized?

It was the agreement of the division of assets and debts in a contested divorce. We had successfully mediated the parenting plan, child support, custody, etc. But months later we sat down with our respective attorneys and came to a consensus and signed an agreement which was counter signed by both attorneys. BUT my attorney/his office failed to notarize it. Months later, my ex got a new attorney who caught this oversight and that agreement was deemed by a judge not legally binding so we essentially started over and eventually went to trial. I incurred close to $10k in legal fees after the failure of that agreement to hold up in court. What if anything is available to negotiate with my attorney or file a suit?

1 Lawyer Answer

A: I would consider contacting an attorney who deals with "legal malpractice." You might need to alter your google search because a lot of attorneys who do "medical malpractice" will come up. Maybe try something like "how to sue your attorney." All attorneys have malpractice insurance just for this reason. Not that any attorney wants to get sued, it doesn't look good, but it happens.

Whether or not you prevail will be based on the facts around why the document was never notarized.

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