QUESTION

Do I have a strong cast against either/both attorneys?

Asked on Apr 14th, 2019 on Legal Malpractice - New York
More details to this question:
I filed a grievance against my ex-wife’s divorce lawyer. I told no one, including my divorce lawyer. My lawyer called me to say that her attorney gave her a copy of my complaint and asked her to sign a letter backing him against me, her client. She told me she wouldn’t sign it, that it was 100% truthful, and that she expected to testify at any potential hearing. She said she would give me the letter after that. (She also recommended a legal malpractice attorney.) The committee contacted her in response to my alerting them to this. Apparently, she changed her tune. Case was dismissed. She never told me she spoke with them. I asked her to tell me about it. She refused. I asked for the letter. She refused. I recorded her months earlier referring to the letter and saying she requested advice from the ethics panel(?) I believe they both violated basic legal ethics.
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
You cannot claim malpractice against an attorney that is not your attorney.  Your attorney should have given you any paper relevant to your case.  As the letter was not directly in the divorce case, it is a grey line on whether your attorney should have given you correspondence from another lawyer to her.  But, it is not malpractice as there are no damages that resulted.
Answered on Apr 18th, 2019 at 9:18 AM

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