DBMS successfully defended a divorce lawyer accused of malpractice for not enjoining an Egyptian ex-husband’s retirement savings accounts thereby allowing him to transfer them internationally to avoid paying his ex-wife.
Plaintiff’s standard of care expert testified that the divorce lawyer failed to bring a third-party action against three banks and Fidelity, where the retirement savings were located, seeking an injunction, despite the client’s repeated written warnings that her ex-husband would transfer money internationally. Had the accounts themselves been enjoined, the transfers before trial would have been prevented.
Defendants’ expert testified that suing banks and Fidelity was not required by the standard of care.
The plaintiff asked for $1.4 million. After two hours of deliberations, the jury returned a not guilty verdict.