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

Case Overview

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.

Questions to the Family expert and their responses

Please describe your experience in divorce law.

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. 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.

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

Attorney fees should be sought from the monied spouse.

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

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.

About the expert

This highly qualified expert has practiced divorce law and family law for over 32 years. She earned her BA from Bennington College and her JD from New York Law School where she graduated cum laude. She is a member of the New York County Lawyer's Association, of the United States Supreme Court Bar, of the Academy of Professional Family Mediators, and is on the legislation and custody committee in the family law section of the NY State Bar Association. She has 13 published works and has won 13 awards including being labeled as a super lawyer and as a top 10 family attorney by the National Academy of Family Lawyers. Formerly, she worked as a professor at the Gordon F. Derner Institute of Advanced Psychological Studies at Adelphi University. Currently, she serves as legal counsel for a New York City business-advocacy organization, as a divorce clinic specialist at a New York City equality-advocacy organization, as director for a comprehensive services institute, and as the owner and principal of a New York City divorce and family law practice.