STATE COURT CASES

ATTORNEY/CLIENT — LEGAL MALPRACTICE

04-2-9903 Barry v. Barry, App. Div. (per curiam) (7 pp.) The law firm Hoffman DiMuzio appeals from an order denying its motion to intervene in this matrimonial case. Hoffman represented plaintiff when the parties divorced in 1998. The issue presented on appeal is whether Hoffman may intervene to mitigate its damages in a potential legal malpractice lawsuit. Hoffman neglected to timely serve a qualified domestic relations order (QDRO) with the State Division of Pensions and to timely seek reconsideration of the order which denied plaintiff’s request for prior pension benefits. The appellate panel finds intervention was not warranted because the application was untimely, primarily because the time to reconsider the prior order expired and may not be enlarged.

FAMILY LAW