Divorce Attorney Sues Client For Outstanding Legal Fees

Case Overview

This case involves a man who was sued for not paying legal fees to his divorce attorney. The man filed for divorce and retained the firm to represent him. A week before his trial, the firm withdrew from the case, citing a conflict of interest and he had to find another attorney to represent him. The firm demanded that he pay for the full cost of their service even though they did not serve as his attorney. An expert in legal malpractice with particular experience in divorce law was sought to review the case determine if there was any legal malpractice from the law firm.

Questions to the Family expert and their responses

What is your background in legal malpractice, specifically in divorce law?

My legal experience is in divorce work. I review family law matters every day and have gotten into and out of cases close to trial. I am on the peer review committee for a state attorney grievance commission and in this capacity, I determine whether the attorney violated the rules of professional conduct. I am able to opine as to what a divorce lawyer should do and what his/her expectations, as well of those of the client, should be.

What costs are accrued by the client when an attorney or firm electively withdrawals from their case?

When a client parts ways with a firm, he/she may incur costs from that firm to close the case and transfer it to another attorney/firm. The client will also incur substantial fees with the new attorney/firm to get up to speed, especially so late in the game. The new attorney will also have to prepare for and attend trial but he/she will not be responsible for discovery or filing motions, for example, because the deadlines will have passed.

About the expert

This expert has over 10 years of experience in family and divorce law. She earned her BS from the University of Maryland followed by her JD from the University of Baltimore. This expert is a licensed attorney and an active member of the Peer Review Committee for the Maryland Attorney Grievance Commission and a co-chair of the Bar Association of Montgomery County, Maryland. Formerly, this expert was a law clerk for Stoner, Preston & Boswell, and Anderson & Quinn before working as a judicial clerk for the Circuit Court of Maryland. Currently, she is a partner at a law firm in Maryland.