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  1. #1
    Join Date
    Jan 2005
    Location
    Astoria, Oregon
    Posts
    11

    Default What is Legal Malpractice

    What is legal malpractice? Like if a lawyer does something unfair and trampled the rights of the other party??One of my good friends (who could not afford an attorney filed her own response with a signed waiver to wave the filing fees hand delivered it to the court.(this is a divorce and custody issue) Three days ago she had her two children taken away. papers said default on the response . Which the court has record of the response it was just the waiver that was denied.Know one through the courts has notified her of this being denied. Through this whole thing she has never recieved anything from the courts or the other parents attorney..I know from my own legal situation that my attorney sends copies of everything to the other party..What happened here..The attorney in this case failed to give her a ten notice of default..which had shed known she could have came up with filing fees somehow..What are her rights and do you feel there was any wrong doing (in a legal way?)
    Thanks
    Shari

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Absence of Notice

    Your friend was obviously aware of the legal action, and was also obviously aware that she had to file certain papers in association with the action, so she was served with something in relation to her case. I can't begin to guess at what she received and what, if anything, she did not receive.

    If she did not receive proper notice of the case, or should not have been defaulted because of her filing of the paper you describe, she may be able to challenge the judgment. She should consult with a lawyer, and if she cannot afford a lawyer she should seek legal aid or should try to borrow money to hire a lawyer. If she does not act promptly, there is a possibility that she will lose any right she may have to dispute the order or have it set aside.

    Typically, you cannot prosecute a legal malpractice action against opposing counsel, as opposing counsel does not represent you and thus has no duty to you which could support a claim of malpractice.

  3. #3
    Join Date
    Jan 2005
    Location
    Astoria, Oregon
    Posts
    11

    Default re

    Yes my friend was served diorce/custody papers by the police. A month or so later on one of the fathers visits he gave her the mediation order. She is sure that she hasnt recieved anything else related to this case.. I found that hard to believe as I have a file full of papers but then Iam represented by an attorney..The children involved are only 1 and 3 surely this was not in the best interest of the children.They(the kids) have resided with there mother her in clatsop county for 8months.She is by no means a unfit mother...She had a restraining order on the father 8 months ago (still in effect now). How will she be able to see her kids until this is resolved??Wasnt the opposing attorney supposed to give her 10 days of notice for default?? Was the court suppose to give her any replie as to her response or denied waiver??
    Thanks
    Shari

  4. #4
    Join Date
    Sep 2004
    Posts
    758

    Default Setting Aside a Default

    Your friend needs to consult a lawyer, who can review the court file, determine if it reflects that appropriate court documents were served and notice given, if there is a basis for default, and (whether or not the default is set aside) the best means to proceed while protecting her rights.

  5. #5
    Join Date
    Jan 2005
    Location
    Astoria, Oregon
    Posts
    11

    Default Thankyou

    Thank you for your info and time.
    Shari

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