Family Law Legal Malpractice

Family law cases are the most common cases handled by Circuit Courts throughout Maryland.   Many attorneys erroneously believe that the practice of family law is easy, because it is dominated by two equitable principles, namely (1) the determination of custody and visitation is based upon what is in the best interest of the child; and (2) marital property is equitably divided between the spouses.

In actuality, the practice of family law is as complex as anti-trust law or  tax law, because there are so many permutations involving the family unit and ownership of property (homes, businesses, personal property, and retirement accounts).

In April 2014, a Montgomery County jury returned a verdict against Rockville family law attorney in a legal malpractice case, because he mishandled his client’s contempt proceeding.  The former client alleged that her attorney did not properly prepare for the contempt hearing and failed to raise the appropriate arguments.

Practice pointer for clients: No matter how simple your case may appear, your attorney can commit legal malpractice.  Make sure that you meet with your attorney prior to a hearing to remind him or her of the relevant facts as well as to prepare your testimony.   You should also discuss the adverse party’s expect testimony and arguments with your attorney.



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Law Office of Stewart Andrew Sutton, LLC
8 Executive Park Court
Germantown, Maryland 20874
Telephone: 301-916-5000
Fax: 301-916-1201