Attorney obtained a defense verdict in a legal malpractice action wherein the underlying case involved the defendant attorney's representation of a mother in a custody trial wherein the mother was seeking to obtain custody of two minor children

Attorney obtained a defense verdict in a legal malpractice action wherein the underlying case involved the defendant attorney's representation of a mother in a custody trial wherein the mother was seeking to obtain custody of two minor children. Unfortunately, the attorney was acting under the erroneous belief that the trial was continued and did not appear at trial when called and in fact, the attorney was out of the country for the ten (10) days immediately prior to the commencement of trial. This was a an aggravating factor in the case was that while the attorney was out of the country, her partner called the Plaintiff directly and informed her that absent plaintiff's tender of a payment of over $12,000 (to bring her account current), that no attorney would appear on behalf of plaintiff at the custody trial. On the first day of trial, the attorney received a call from the Judge's chambers ordering her to appear for the custody trial and after three days of trial, the mother lost custody of her minor daughters. The mother (as the plaintiff in the malpractice action) asserted allegations of professional negligence against the attorney for the lack of preparation leading in to trial, the lack of efforts to prepare the plaintiff and the necessary witnesses prior to trial as well as for negligent performance at trial. Furthermore, given the demand of the attorney's partner for the immediate payment of all outstanding fees or the plaintiff would have to proceed with the custody trial without the benefit of counsel, the court allowed punitive damages to remain in the case. The malpractice trial spanned four (4) days and ultimately after 26 minutes of deliberation, the jury rendered a defense verdict in favor of the attorney.