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Lawyer Malpractice and Domestic Violence: Are We Revictimizing Our Clients?

Margaret Bell Drew
University of Cincinnati - College of Law

Family Law Quarterly, Vol. 39, p. 7, 2005
U of Cincinnati Public Law Research Paper No. 08-28

Abstract:
This article explores lawyer malpractice in cases involving domestic violence. The author examines the potential hazards from the perspective of representing the offender as well as the victim. The author advances the idea that domestic violence may be unrecognized in many cases if the attorney is not familiar with the appropriate indicators. In addition, an attorney may be unwilling to raise issues of abuse due to the attorney's own discomfort with the topic. The author argues that the family law lawyer's failure to recognize and address issues of violence places the lawyer at risk for client claims of malpractice as well has other claims.

Keywords: Family law, domestic violence, lawyer malpractice

JEL Classifications: K14

Accepted Paper Series

Date posted: December 31, 2008 ; Last revised: December 31, 2008

Suggested Citation

Drew, Margaret Bell, Lawyer Malpractice and Domestic Violence: Are We Revictimizing Our Clients? (December 1, 2008). Family Law Quarterly, Vol. 39, p. 7, 2005; U of Cincinnati Public Law Research Paper No. 08-28. Available at SSRN: http://ssrn.com/abstract=1321653

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Contact Information

Margaret Bell Drew (Contact Author)

University of Cincinnati - College of Law ( email )

P.O. Box 210040
Cincinnati, OH 45221-0040
United States