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Family law cases are often the basis of legal malpractice claims

by | May 6, 2020 | Legal Malpractice |

Family law cases comprise around one-fourth to one-third of all cases that go before state courts. It doesn’t really come as a surprise that this area of law is commonly found in the top three areas for the number of formal malpractice accusations that are made. There are many reasons for this, some of which might be a stretch, but each case must be taken seriously.

The stakes are high in many family law cases, so it’s easy to think emotionally instead of logically when you’re working on your own case. You count on your attorney to be able to keep their own emotions out of the case, so they can provide you with solid legal representation.

There are a few areas of family law that are commonly associated with malpractice complaints. At the top of the list is property division. Attorneys who specialize in family law need to understand various aspects of property valuation and how different settlements in divorces will impact things like taxes. But, that’s not the only expertise a family law attorney is expected to have.

In divorce alone, the lawyer needs to be familiar with property division, child custody and financial support payments. They may also need to know about matters related to spousal abuse, which may include having to understand some basics about how certain mental health conditions can also be necessary.

Anyone who feels as though their family law attorney hasn’t represented them appropriately should determine whether there is the possibility of legal malpractice claim. This can help them to recover financial damages that they suffered due to the malpractice.