Legal Malpractice – QDRO Error

a man in a suit pointing with a pen to a document with a gavel in the background

A Qualified Domestic Relations Order (QDRO) is a legal document that divides retirement benefits between divorcing spouses. If there is an error in the QDRO, it can have serious financial consequences for one or both parties. If your lawyer made an error in your QDRO, you may have a legal malpractice claim. Here are the steps you can take:

  1. Consult with another lawyer: The first step is to consult with another lawyer who specializes in legal malpractice. They can review your situation and determine whether your lawyer breached their duty of care.
  2. Gather evidence: To prove legal malpractice, you will need to show that your lawyer breached their duty of care and that this breach caused you harm. Gather any documents or evidence that support your claim, such as the QDRO and any communications with your lawyer.
  3. Consider a lawsuit: If you suffered harm as a result of your lawyer’s legal malpractice, you may be able to file a lawsuit to recover damages. To succeed in a legal malpractice lawsuit, you will need to prove that your lawyer breached their duty of care, that this breach caused you harm, and that you suffered damages as a result.

In conclusion, if your lawyer made an error in your QDRO, you may have a legal malpractice claim. Consult with another lawyer who specializes in legal malpractice, gather evidence to support your claim, and consider filing a complaint or a lawsuit to recover damages. It is important to act quickly, as there may be deadlines applicable to your claim.  Henderson Law is available to discuss your potential case with you.