In April 2016, a New Jersey judge gave reality television personality Teresa Guidice permission to sue her former lawyer. According to Guidice, the attorney failed to tell her that she was acting improperly by failing to reveal certain assets she and her husband shared during a bankruptcy proceeding. The woman contends that had her lawyer properly listed her assets, she wouldn’t have ended up spending 11 months incarcerated.
Guidice’s lawsuit accused the lawyer of failing his fiduciary duty, breach of contract and legal malpractice. Her current attorney says the previous lawyer made material errors when he filed her original case. The ex-lawyer didn’t address the alleged disclosure issues that may have contributed to her jail sentence, but he maintained that her courthouse confession to committing crimes was the real reason she was convicted.
Guidice was actually released two months early so that she could spend time under house arrest with her husband prior to his own incarceration. It is uncertain whether his wife’s legal action might impact how long he actually remains in custody.
Attorneys who fail to perform their duties correctly may weaken their clients’ cases and leave them vulnerable to unjust civil verdicts or criminal penalties. In some cases, this might occur due to a simple lack of expertise on the part of the lawyer, but in other instances, it could be related to conflicts of interest or fraud. Those who have been harmed in such a manner may find it necessary to pursue additional legal action against those who were originally supposed to represent their interests.
Source: Inquisitr, “Teresa Guidice Pushes Forward with Malpractice Lawsuit: Judge Fully Supports Guidice,” Mary Jane, April 28, 2016