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        My Divorce Attorney Worked Against Me

        150 150 Clifford Horwitz

        Question:

        I need to preface a bit, before asking my question. I do realize most attorneys look down with disdain upon former clients of lawyers (even if unethical in conduct) for seeking help, however hope you will please be unbiased in your thinking.

        Given that it is realistically an impossible feat for a wronged former client especially without means for counsel to prevail in the court of a lawyer’s own peer stomping grounds even if the said lawyer was unethical… in my search for justice the consumer fraud laws seemed like my best shot.

        However, I read that in 2002 the OHIO revised consumer laws exempted attorneys from accountability for deceptive business practice. Since I am only a layman, it is extremely difficult for me to find and interpret laws, etc… would you know if the Ohio consumer protection laws have changed in any way in this case? Or if there is any manner within those consumer laws if I could still find recourse?

        I “had” by my own lawyer in my suit against my husband of 32 years for divorce who found it more advantageous for her to work rather against myself her client than work for me in what should have been a no-brainer prevailing case containing substantial marital wealth which was straight forward. And please give me the benefit of the doubt that I speak with objective truth. Appreciate ahead any thoughts.

        Answer:

        Diane:

        In many states, lawyers are exempted from the consumer fraud laws. I don’t think they should be so exempted. They should be subject to the same law as any business. However, lawyers are clearly subject to malpractice laws. Your attorney owed you a fiduciary duty and had to follow the standard of care, that is to exercise the skill and care of a reasonably well qualified attorney. If he did not, he should have to compensate you for the losses.

        The real problem: realistically however, divorce lawyers are rarely sued.  The reason is that the cost of pursuing the action may be as much as your losses due to the lawyers negligence. Hence, the system is a pathetic attempt to protect your rights and should be changed to make such litigation easier and less expensive.

        Sorry I cannot be more helpful.

        Clifford Horwitz
        AUTHOR

        Clifford Horwitz

        As Principal Partner and lead trial lawyer of Horwitz, Horwitz & Associates, Cliff has devoted his entire career to achieving justice for those who have been victimized by corporate negligence. He has won numerous record-setting jury verdicts and settlements, as well as what was the largest personal injury verdict in Illinois for an individual.

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