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

14 Pages Posted: 31 Dec 2008  

Margaret B. Drew

UMass School of Law

Date Written: December 1, 2008

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 Classification: K14

Suggested Citation

Drew, Margaret B., 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: https://ssrn.com/abstract=1321653

Margaret Bell Drew (Contact Author)

UMass School of Law ( email )

333 Faunce Corner Road
North Dartmouth, MA 02747
United States
508-985-1126 (Phone)

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