Is failure to file a lis pendens at the outset of a divorce case considered malpractice?
By Lindsay C. Stella
Women and the Law,
May 2013
Every family law attorney heeds warning when the word “malpractice” is uttered. We all know the fundamentals of malpractice in our respective fields, and we do our best to stay current on new law by attending an assortment of continuing legal education courses to protect against that malignant word. Inevitably, smaller items sometimes slip through the cracks. Filing of a lis pendens at the outset of a divorce case, through some not so recent case law, has proven itself to be one of those generally disregarded smaller items.
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