QUESTION
Is it considered malpractice for a lawyer not to be able to provide signed copy of the prenup agreement?
Asked on Nov 05th, 2012 on Divorce - California
More details to this question:
My spouse destroyed signed copies of prenup agreement. The attorney that prepared agreement cannot provide me with a signed copy only an unsigned copy is this malpractice?
7 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Not if he didn't have any
Answered on Nov 10th, 2012 at 3:54 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally not, unless the attorney had a specific agreement to hold a fully executed copy. All is not lost however, it is possible that you could bring the attorney in to testify that the document was indeed signed, that is unless you are ready alienated him or her with your allegation of malpractice.
Answered on Nov 08th, 2012 at 2:42 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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As a general rule, there is nothing to require a lawyer to keep copies, signed or otherwise, of anything - That is primarily your responsibility to safeguard documents prepared for you. The terms of your fee and retainer agreement with the attorney may or may not have included an commitment by the attorney to keep the original or a signed copy. Whether his failure to do so is "malpractice" is a difficult question to answer without knowing much more about the situation, but the first question has to be: Why should he have kept a signed copy?
Answered on Nov 08th, 2012 at 2:37 AM
That would depend upon what you mean by "not be able to provide".
Answered on Nov 07th, 2012 at 9:31 AM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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No, that is probably not malpractice. While it is a good idea for lawyers to keep signed copies of documents for their clients, many clients fail to return them to the lawyer after signing them. In addition, some lawyers have a limit on how long they will hold documents for a client before sending them into long-term storage or destroying them. This is simple practicality given that attorneys usually don't have infinite space for all of the paperwork for every client they see throughout their lifetimes. It would've been a better idea to keep multiple signed copies in different locations for safe keeping.
Answered on Nov 07th, 2012 at 9:30 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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You both should have had a signed copy. How long ago was it? Attorneys aren't required to keep documents forever.
Answered on Nov 07th, 2012 at 9:30 AM
No it is not malpractice. You had your own responsibility to care for your own copy.
Answered on Nov 07th, 2012 at 9:29 AM