Does my attorney have a liability for improperly executing the settlement due to wording in the QDRO
Full Question:
Answer:
I am unable to determine whether the coverture portion was equal to fifty percent, as the coverture portion is determined by a formula and will vary. It would be a matter of interpretation for the court to decide whether the later QDRO is invalidated or needs to be
modified to not conflict with the property settlement order. If the QDRO is in conflict, it may be judged to be an improper modification of a divorce decree which had become final and unappealable.
Generally, an attorney must exercise the proper standard of care to ensure that legal documents comply with the applicable law. The failure of an attorney to follow the accepted standards of practice of his or her profession, resulting in harm to the client, may be the basis for a legal malpractice claim.
