Divorce Attorney Fails To Request Fees On Behalf Of Non-Monied Spouse

This case involves legal malpractice allegations against a law firm that was retained by a man to handle his divorce. It was alleged that the law firm failed to request attorney fees on behalf of the man, who was the non-money spouse in the marriage. As a result, the man was forced to cover his own attorney fees. In addition, it was also alleged that the law firm inappropriately advised and helped the man relocate from one state to another. The relocation created the appearance that the man was attempting to make it difficult for his ex-husband to see their child. An attorney with expertise in divorce proceedings was sought to review the case and comment on any potential legal malpractice.

Question(s) For Expert Witness

1. Please describe your experience in divorce law.

2. What duty does an attorney have to seek attorney fees on behalf of their client?

3. What factors should an attorney consider when advising and/or aiding their client in relocation during a divorce proceeding?

Expert Witness Response E-363313

I have 32+ years of experience in solely matrimonial and family law and have won numerous awards as a divorce attorney. I have conducted CLE lectures on matrimonial law for attorneys sponsored by various bar associations. I have also published articles on divorce and family issues for various state law journals and other publications. Attorney fees should be sought from the monied spouse and advice on relocation needs to take into account the gatekeeping issue since one of the primary reasons for changing custody is lack of cooperation with the other parent. I have been a divorce law expert in one malpractice case for the plaintiff in which I was deposed. I have been a consultant to attorneys handling divorce cases numerous times with similar issues. I am also a neutral evaluator in divorce cases for the state courts.