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David R. Hartwig, Esq.
Family Law & Divorce Attorney & Counselor at Law Veteran Military Discount

When Another Lawyer Does Something Wrong

Sometimes your attorney makes mistakes; we're all human. But, did the mistake cause you problems in your case; problems that required additional work to correct, or even problems that caused you to lose your case? If so, then this information may be for you.

What Counts As Legal Malpractice?

To prove legal malpractice, it must first be shown that the lawyer made a significant mistake such as:

  • Failure to file your case on time, resulting in its dismissal
  • Failure to file other court documents
  • Conflict of interest
  • Failure to present evidence
  • Failure to put an expert on the stand
  • Settling a case without client permission

Once the error is proven, it must then be proven that the lawyer's mistake led to an unfavorable outcome in your case and damaged you by having to pay to correct the mistake or in some other manner associated with your loss. Practically speaking, this may require that the facts of your case be "re-litigated."

What Happens After A Legal Malpractice Suit?

Please understand that even a successful showing of legal malpractice is not likely to change the outcome of your original case. But if we are successful, your former attorney may be liable for the damages the error caused.

Get An Experienced Attorney On Your Side

I offer personalized service to every client. I will use my more than 30 years of experience to fight diligently on your behalf when you have suffered due to your former attorney's legal negligence.

Contact me, a Salt Lake City-based lawyer assisting clients with claims of legal malpractice. I have the experience and knowledge, and after listening carefully to the circumstances of your case, I will give you an honest assessment, and what I can do to help.

I am David R. Hartwig, Esq., a Salt Lake City attorney with extensive experience helping parents resolve simple or high-conflict custody issues reaching arrangements that work for children and parents. Child custody involves parent-time and visitation schedules, and can affect support. I help in all of these areas, providing comprehensive service clients need to achieve their custody goals.

Factors In Child Custody Decisions

As an experienced Utah child custody lawyer, I understand that custody cases may become a contentious issue even years after an order is finalized. The trend in Utah toward joint custody often creates messy, unworkable situations, which ultimately lead to enforcement issues when parents do not abide by their custody orders.

The best interests of the child must be considered, including:

• Whether joint legal or physical custody will benefit the child's physical, psychological and emotional needs, or the child's development

• The parents' ability to give first priority to the child's welfare, and reach shared decisions in the child's best interest

• Whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent

• Whether both parents participated in raising the child before the divorce

• The distance between the parents' homes

• The parents' maturity and their willingness and ability to protect the child from conflict that may arise between the parents

• The parents' ability to cooperate with each other and make decisions jointly

• Any history of, or potential for, child abuse, spouse abuse, or kidnapping

• Any other factors the court finds relevant

Despite the complicated and sensitive nature of custody matters, I have helped many clients successfully establish custody orders.

Get Help With Your Child Custody Issue

If you have a child custody issue, please contact me, David R. Hartwig, Esq. I am an experienced Salt Lake City custody lawyer dedicated to helping clients resolve complex custody issues and implement necessary custody orders. For high-conflict cases, I am also one of the few Utah child custody modification attorneys trained as a Special Master for ongoing dispute resolution.


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