Charlie Hill Triumphs in a Legal Malpractice Lawsuit

Charlie Hill represented a two-person law firm in a suit arising out of a divorce action.  In the underlying case, the wife sued her husband for divorce and equitable distribution of marital assets.  The husband had significant business interests and real estate holdings.  Our clients obtained a $400,000 advance on property distribution for the wife.  After the divorce action had been pending for some time, the wife terminated our clients and retained new counsel.  Shortly afterwards, the wife and the husband reached a settlement agreement, largely negotiated between themselves.   The wife then sued her former counsel, contending their representation of her was negligent.   Primarily, she contended that the husband had secreted, wasted and transferred marital assets, which defendant attorneys allegedly failed to discover.  Our clients responded that they were able to achieve more favorable results for the wife by informal negotiations, as opposed to motions and formal discovery.  We moved for summary judgment on the grounds that the wife had not produced any evidence of assets that had not been discovered.  After a lengthy hearing and consideration of extensive briefs, the presiding judge granted summary judgment.  He agreed that the wife failed to meet the burden of proving she would have obtained a more favorable result but for alleged deviations from the standard of care.  The wife moved for reconsideration.  In another well-supported and extensive order, the presiding judge denied the motion, and chided wife’s counsel for advancing arguments that had not been made previously.    

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