Do I have any recourse against a divorce attorney whose advice was against my interests due to a financial conflict?
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Do I have any recourse against a divorce attorney whose advice was against my interests due to a financial conflict?
Last fall I was in dire financial straits and needed the roughly $16,000 held in escrow from the sale of my house. This was tied up in negotiations over my separation agreement. After telling my lawyer I might have to file for bankruptcy, she repeatedly told me I had no choice but to accept my wife’s increasingly strident demands if I wanted the money out of escrow. I was unemployed and homeless at this point, and really needed the money. Although I did not execute the agreement foisted on me, my lawyer nonetheless released the money from escrow and took the entire amount for her fees, leaving me indigent.
Asked on February 2, 2016 under Family Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you believe that an attorney went aganst your expressed wishes, put her interests ahead of yours, and/or released escrow money without authority, you could sue her for malpractice. You could also try contacting your state Bar to both file an ethics complaint and see if they can't help you in regards to her fee (e.g. with a fee mediation or arbitration). While lawyers do not have to be perfect (especially since there rarely is a single right or wrong answer), they do need to follow their client's instructions so long as those instructions are not themselves illegal or are not superceded by a court order.
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