Legal Malpractice and Divorce in San Diego | backesfamilylaw's Blog

In divorce actions, legal malpractice may occur. If a client suspects that his or her attorney is liable for malpractice, he or she may file a civil malpractice action against the attorney or may file a complaint with the State Bar Association.

Attorney's Duty to the Client

The San Diego attorney has a duty to the client to represent him or her in a zealous manner. The attorney is the client's advocate and speaks on his or her behalf. The attorney represents the client in all courtroom procedures and out-of-court procedures. The attorney owes the client a fiduciary duty to represent him or her in the San Diego divorce action. The attorney should be looking out for the client's best interests at all times and should ensure that the client receives a fair property division as well as alimony and child support, if warranted. The client should place complete trust in his or her attorney. The attorney should timely file any documents and conduct him or herself in a professional manner at all times.

Conflicts of Interest

If the San Diego divorce attorney has a conflict of interest, such as he or she is representing both the client and the client’s spouse or he or she had represented the spouse in the past, a conflict of interest may exist. A conflict of interest may occur if the attorney's personal interest, another client's interest, or a former client's interests would conflict with the representation of the current client. A conflict of interest is defined as an interest that the attorney has or may have had that would conflict in some manner with his or her current representation. Moreover, a conflict of interest may also be present if other lawyers in the firm have had relations or represented clients that are adverse to the present client's position. Generally, the San Diego divorce lawyer cannot represent two clients that have adverse interests.

Statute of Limitations for Filing Legal Malpractice Actions

Every state has a different statute of limitations period limiting the amount of time that a client may file an action against his or her attorney. If the client suspects that his or her attorney committed some type of malpractice by either breaching his or her duty to the client or that the attorney had a conflict of interest, the client should consult an attorney or file an action on his or her own. The client may contact the State Bar Association in his or her state and ask for advice, as well.

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