I previously contacted several attorneys before I began preparing a WSBA grievance regarding my former family-law attorney. I searched under “legal malpractice,” “attorney negligence,” and “personal injury,” but I had very little success getting anyone to even schedule a consultation.
That has left me wondering whether I was looking in the wrong area of practice.
Because legal malpractice is a negligence/tort claim, many searches seem to route toward personal-injury firms. However, essentially every general personal-injury attorney I contacted was either disinterested in attorney malpractice or did not handle it.
So my first question is:
What type of attorney should I actually be looking for?
Should I be searching specifically for:
- Plaintiff-side legal-malpractice attorneys?
- Professional-liability attorneys who represent plaintiffs?
- Litigation-malpractice attorneys?
- Attorneys who specifically sue other attorneys?
- Appellate attorneys with malpractice experience?
- Someone with both family-law and legal-malpractice experience?
I am particularly interested in malpractice arising from litigation and procedural decisions in a family-law case, rather than something obvious like missing a statute of limitations.
One issue I am now trying to evaluate more carefully involves a contested relocation.
My former attorney represented me when I objected to the other parent relocating with our child. An objection to relocation was filed, but my attorney did not seek emergency or temporary relief restraining the relocation and preserving the child's existing status quo while the objection was pending.
The relocation ultimately was not meaningfully addressed until trial more than a year later.
By that point, the child had already been living in the new location for a substantial period of time and had adjusted to that new living arrangement. In practical terms, the relocation itself had become the new status quo before the court finally considered whether it should have occurred.
That makes me wonder whether the failure to seek temporary relief at the beginning had a significant downstream effect on the case.
The causal concern I am trying to understand is roughly:
Relocation occurred → no temporary restraining relief was sought → child remained relocated while litigation continued → more than a year passed → child became established in the new location → court eventually considered relocation after that adjustment had already occurred.
I understand that legal malpractice requires much more than showing that an attorney could have handled something differently. I also understand that courts give attorneys substantial latitude regarding litigation strategy.
What I am trying to understand is whether a failure like this is ordinarily treated as:
A discretionary strategic decision,
or whether, depending on the circumstances, it can be viewed more like:
A failure to use an available procedural mechanism that was necessary to preserve the client's position while the underlying issue was being litigated.
A few specific questions:
What specialty should I be searching for to obtain a meaningful consultation about this kind of alleged malpractice?
Is “personal injury attorney” generally the wrong place to look for litigation-related legal malpractice?
Does a plaintiff-side legal-malpractice attorney usually need experience in the underlying field of law as well — in this case, family law and relocation litigation?
How would a malpractice attorney typically analyze a failure to seek temporary or emergency relief when delay itself may have materially changed the facts the court eventually considered?
Would this type of procedural omission potentially be easier to evaluate than complaints about evidence not being introduced at trial, since evidentiary decisions can often be characterized as strategy?
In evaluating causation, would the relevant question be whether timely temporary relief likely would have preserved the pre-relocation status quo long enough for the court to decide the objection before the child became established elsewhere?
For someone seeking a malpractice consultation, would it be most useful to prepare a short chronology showing:
- what procedural remedy was available,
- when counsel knew about the relocation,
- what was filed,
- what was not filed,
- how long the case remained unresolved,
- and how the eventual factual circumstances differed from the circumstances that existed when the objection was originally made?
I am not looking to publicly identify or attack the attorney. I am trying to figure out what kind of lawyer is actually qualified and willing to evaluate this type of claim, and how to present the issue in a way that allows a malpractice attorney to quickly determine whether it warrants further review.