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Negligent handling of divorce

September/October 2021

Rajiv Vaish retained attorney Ali Ali to represent him in his divorce. Among other things, Ali instructed Vaish not to attend an early settlement panel, which resulted in a default judgment against him and an award of significant child support and alimony to his former spouse. Vaish was later arrested for failure to meet his child support obligations.

He filed suit against Ali, alleging legal malpractice. The plaintiff argued that the defendant had breached the standard of care by failing to file a notice of appearance in his case, obtain the case file from a previous attorney, serve answers to interrogatories, advise him to attend important hearings, and move for reinstatement after the default. The plaintiff asserted that the defendant’s negligence resulted in his having to pay alimony and excessive child support.

The court awarded $580,000.

Citation: Vaish v. Ali, No. UNNL-003245-17 (N.J. Super. Ct. Union Cty. Dec. 14, 2020).

Plaintiff counsel: Roy J. Konray, Clark, N.J.