Q: I am recently divorced. I feel my attorney did a very poor job of representing me in the divorce. can someone help me?

A: Unfortunately, there are rarely any second chances once the divorce has been finalized. Especially if the problem is with your attorney and not the court.

You can file a motion to reconsider, if you believe the court made a mistake. In Clark County, you only have a week to do this. But if the problem was with your attorney and not the court, and the judge made the proper decision given what was presented, then the judge didn't really make a mistake.

You can file a motion to set aside the judgment. Sometimes there is a basis if there was fraud on the part of the other side, or if an asset or debt was not divided. But again, if your attorney just did a poor job, this is not a basis for setting aside the judgment.

You can also appeal. You have 30 days to file a notice of appeal. But the appellate court doesn't let you present new evidence, it only looks at the evidence that was presented and decides if the court made a mistake.

You certainly are not the first person to find that their attorney did not do a good job. Unfortunately, there is usually a finality to the decisions of the court that prevents people from going back again and trying to do better a second time.

A: I'm sorry to hear that you feel your attorney didn’t provide the support and representation you needed during your divorce. If you believe there were significant errors, you might have options for addressing this, such as filing a complaint or even seeking compensation if you experienced specific financial or legal harm due to their actions.

Steps You Can Take

Obtain and Review Your Case Records: Start by gathering all records related to your divorce, including communications with your attorney, court filings, settlement agreements, and billing records. Reviewing these can help you pinpoint areas where your representation may have been lacking.

Consult a Legal Malpractice Attorney: If you feel that your attorney's actions (or inaction) directly harmed your case, consulting a legal malpractice attorney may be helpful. They can assess whether your case meets the standard for malpractice, which usually involves proving that the attorney’s negligence affected the outcome of your divorce.

File a Complaint with the State Bar Association: If you believe your attorney acted unethically or unprofessionally, you can file a complaint with your state’s bar association. They will review the case and may take disciplinary action against the attorney if they find violations of professional conduct.

Consider Modifying or Appealing Certain Divorce Terms: If your divorce agreement has terms you believe could have been improved with proper representation, some aspects may still be modifiable. For example, issues like spousal support or child custody might be reviewed if you can demonstrate significant change or inadequacy in initial representation.

Importance of Legal Support

Navigating post-divorce actions or a malpractice case can be complex, especially when it comes to proving specific harm or revisiting terms. An experienced legal malpractice attorney can clarify your rights and help you understand if you have a strong case against your former attorney.