Malpractice attorney?

[supertrooper1]

A state bar association custodian has been assigned to ex-H's attorney's office to distribute files and figure out what happened with his MIA attorney. The custodian sent an email to ex-H's new attorney with the suggestions to file a grievance with the state bar, file a fund protection claim, and possibly reach out to a malpractice attorney.

My attorney still is holding out that we don't have definitive proof that our money is gone.  I've already filed a grievance with the state bar and I'm working on the fund protection form, where the bar would pay me back if our money was stolen.  Do I need to reach out to a malpractice attorney?  My attorney said it was up to me if I wanted to pursue malpractice.  I don't want to spend more money on an attorney, but I'm sure we have a case.  And if the state bar refunds my money if she actually did steal it, I don't see a need to pursue this further since she wasn't my attorney.  Thoughts?   

[mae0111]

I would think that you wouldn’t pursue malpractice because, as you said, she wasn’t your attorney. I would think it would be up to your Ex-H if he wanted to do that.

This is assuming you get your money back, which I’m certain you will. The Bar doesn’t want a stain like this, I’m sure.

[mommyatty]

I don’t know anything about malpractice law there, but where I am, to have standing to sue, you need to have been in an attorney client relationship with the attorney, I’m pretty sure. That’s not my area of law, so I don’t know a lot about it. I think, though, it’s like if a doctor injures someone in your family, only the injured family member or their estate sues the doctor for malpractice. Again, not sure.

[mustardseed2007]

mommyatty, I was wondering what you would say because I'm kind of in your camp. I don't know how it is in other states and I'm only vaguely aware of how it works here. Which is kind of funny I guess, maybe I should know more.

The other thing you could do without suing is if she had malpractice insurance, you could make a claim without necessarily having to sue if you are a covered party. Although I'm not sure how you would find that out unless it was in your Ex H's engagement letter. I'm not sure if it would be normal to disclose that or not.

Out of curiosity, does your attorney know this attorney at all outside of this case or from conferences or anything? I feel like within certain areas of law people who handle a lot of cases tend to run across other players often.

I'm slightly encouraged that your attorney isn't worried but I guess I would be more encouraged if I knew what her feeling that it was probably all fine was based on.

[supertrooper1]

In the email from the bar custodian, they said there is a current ALPS malpractice policy, so I think this means that she had malpractice insurance? My attorney knew of her, I'm not sure if she worked cases against her before. She did say that an attorney friend of hers knew the MIA attorney well enough to go to her house. She was well known among the few attorneys I spoke with. She was known as a litigation hungry hard ass, but also had been competently practicing law for over ten years.

[mustardseed2007]

supertrooper1, wow. I've never done it but I bet you don't need an attorney to make a claim under the malpractice policy. You would probably need an attorney's help to fight it if you disagree with their policy determination as to whether your claim is covered. It's definitely something for your Ex to think about and for sure something to think about if some how you don't get your money.

So she's literally missing?

I wonder if she's like....ok. I mean obviously if she disappeared she's not ok but is everyone sure she's alive?

[supertrooper1]

mustardseed2007, I don't think she's missing. I asked that same question when she failed to show up to our mediation-did the police need to do a welfare check? I have heard two different things. One that she's barricaded herself in her house and won't answer the door for anyone. The other is that she fled the country. I don't know which is true.

[mae0111]

supertrooper1 - both of those answers are insane.

[waverly]

Not a lawyer, but I am sorry you are going through this!

[idahome]

Suing won’t get you anywhere, but filing a claim against the insurance (if the bar doesn’t make you whole) might be the ticket.

This will wind up being brought up as an example of what not to do in your state’s Professional Responsibilities class in the future.

[mustardseed2007]

Mar 30, 2021 14:37:49 GMT -5 supertrooper1 said:

mustardseed2007, I don't think she's missing. I asked that same question when she failed to show up to our mediation-did the police need to do a welfare check? I have heard two different things. One that she's barricaded herself in her house and won't answer the door for anyone. The other is that she fled the country. I don't know which is true.

That’s so insane!

[callmekd]

I would consult with a malpractice attorney. They may tell you not to file right not and pursue these other avenues you are working through.

It would be good to know if there’s a statute of limitations on when you would need to file by.

Also are you confident that there was malpractice insurance in place?

[supertrooper1]

callmekd, the state bar custodian said malpractice insurance was in place, but I haven't verified myself.

[mustardseed2007]

Mar 31, 2021 10:32:16 GMT -5 supertrooper1 said:

callmekd , the state bar custodian said malpractice insurance was in place, but I haven't verified myself.

I'm sure they know. It's just a matter of if you would be covered or not. That really probably is a path worth just looking at if anything weird happens with the money. 

I still don't really understand how your attorney can be so sure that nothing did happen given that this situation is so very abnormal and also seems to be out of character for this attorney. It could legitimately just be a mental breakdown (I mean who among us has not felt like breaking down this year) but when attorneys go wrong somehow it often involves client money too.