Utah Legal Malpractice Legal Questions

Your potential malpractice situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your interests.
 As to hiring a better attorney for the bankruptcy, I don't see why that should slow anything, but do go get second opinions from other bankruptcy attorneys. 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read More

I am sorry to hear about your problems, but I glad that you found a firm to help you settle the matter. On what little proof you have provided, I am not in a position to address whether there was malpractice. I'd have to review all of the related documents (their retainer agreement, their billing statements, their records and yours concerning communications, and their termination documents). As to their lien, and their financial claims, you may have options to attempt to defeat that lien. Again, I need to review the retainer agreement, their billing statements and the like. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
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At the outset, I need clarification. You mention trial, but then you complain that you have not seen your children for two years under the temporary orders. This does make a difference to you main question. Has the divorce been finalized? If so, when? The reason I am going there is to see if there might be an avenue to correct the wrongs before looking at malpractice. As to the potential malpractice, yes it sounds like you may have a case, depending on the exact facts and the damages you suffered. Those damages could include any attorney fees incurred in fixing the situation, if it can be fixed as I noted above. For general information on malpractice, please see http://www.hartwig-law.com/Legal-Malpractice.shtml These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/2 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
... Read More

I am certainly sorry to hear of your difficulties, particularly as they have to do with problems with an attorney. There are time limits that apply, which are dependent on when you learned of the various problems or inappropriate actions. You should file any complaint as soon as possible after the event. But, understand that a bar complaint is not a claim for malpractice, and will not award you any potential damages that you have suffered. To obtain money, or other damages, you will need to file a malpractice lawsuit. Should you want to discuss that option, I offer a free initial 1/2 hour consultation. David R. Hartwig 801-486-1715... Read More

I am sorry to hear that you are in such a mess, and that you are having the problems and difficulties you raise. The short, and simple, answer is -- maybe. That is because there are a number of facts that need to be explored and addressed. The first is the four-year statute of limitations. I raise that because you state that these issues have gone on for several years. So, the issues will depend on when you actually learned of the errors. Also, you say you have a new attorney. When did you hire the new attorney, and how much did he participate in the case? The best advice that I can give you is to actually sit down with an attorney who handles legal malpractice, and review the case and associated facts. You may very well have the bases for claims, but from your brief statement I cannot be sure. I am currently in a position to accept such a matter, should you so desire. I offer an initial 1/2 hour consultation for free. If you are interested, please call my assistant this coming Tuesday morning to set an appointment. David R. Hartwig 801-486-1715... Read More

It all depends on what you mean a complaint. If you mean a complaint with the Utah State Bar for ethical violations, it is my understanding that you can. If you mean sue the attorney for acts that have caused you problems, or loss of property or rights, probably not, as that person is not your attorney and owes you no loyalty. However, it the divorce is pending in some way, you may be able to seek attorney fees against the person for inappropriate filings, and the like; or perhaps obtain a restraining order or injunction, depending on the facts of the case. You really should review your case, and the facts, with an experienced family law attorney who also knows about legal malpractice. I have handle both types of cases.... Read More