Can I sue my lawyer for not competently drafting a QDRO/EDRO?
Yes, it is possible to sue a lawyer for not competently drafting a QDRO/EDRO. Attorneys have a duty to provide competent representation to their clients, which includes properly drafting legal documents such as QDROs/EDROs. If a lawyer’s negligence in drafting a QDRO/EDRO causes harm to their client, such as the loss of a portion of retirement benefits, then the client may have a claim for legal malpractice against their attorney.
To prove legal malpractice, the client will need to prove that the lawyer owed a duty of care to the client, the lawyer breached that duty by failing to competently draft the QDRO/EDRO, and that the lawyer’s breach of the duty of care caused the client harm, such as the loss of their entitlement to the retirement benefit. It is important to note that legal malpractice cases can be complex and difficult to prove, and the outcome will depend on the specific facts of the case and the applicable law in the jurisdiction where the case is filed. And, in terms of an error involving a QDRO/EDRO, it can raise complex issues as to discounting the loss to present value. Discounting a loss to present value is the process of determining the current value of a future payment or stream of payments that is to be received in the future.
If you believe that your lawyer was negligent in drafting a QDRO/EDRO, you should consult with a legal malpractice attorney to discuss your options. If your claim is against a lawyer in Maryland or the District of Columbia, then Henderson Law, LLC has attorneys available to speak with you. Please feel free to call today to schedule an initial consultation.