Trial court dismisses legal malpractice claims against Lipe Lyons client with prejudice
Lipe Lyons obtained dismissal with prejudice of a legal malpractice claim against a family law attorney and his law firm. The plaintiff, a former client, alleged that her attorneys failed to secure a sufficient amount of maintenance payments and properly categorize marital and non-marital assets, forcing her to settle for less than she was entitled to. The trial court first found that her claims for maintenance payments were barred by the statute of limitations, and gave the plaintiff leave to amend her complaint. After the amendment, the trial court dismissed the claims arising out of the categorization of marital property with prejudice because the plaintiff agreed in the settlement documents that the amount of the settlement was fair and reasonable, and it was speculative to assume she could have settled for more if the defendants had categorized her non-marital property differently.