Woman sues divorce lawer for failing to advise her that divorce would end her marriage

Several British newspapers -- the Daily Mail, the Daily Mirror, and the Independent, to name three -- are reporting today that a British woman is suing her lawyers for professional negligence (malpractice) because they 'failed' to tell her that getting a divorce would, in fact, end her marriage.

Tomas Jivanda's story in the Independent reports that, among her malpractice claims, Jane Mulcahy charged that her "lawyers failed to regard her Roman Catholic faith and should have recommended judicial separation - a step down from full divorce - as an alternative course of action."

The case did not attract public attention when it was initially dismissed; the story got picked up when the appeal was likewise thrown out.

The story is amusing, another illustration of the idea that people sue for the darndest reasons, and it gives readers something to feel smug about (how could anyone not know that divorce ends marriage? we chortle).

Except, of course, if Mrs. Mulcahy were so devout a Catholic, she would know that even a legal divorce would not end her marriage, not in the eyes of the Church. Perhaps what really upset her was that, once divorced, her ex-husband was free to marry in the eyes of the law, if not the Church -- maybe he did marry -- when a "judicial separation" would have prevented it.

Whatever it might be, there is surely a more accurate explanation for Mrs. Mulcahy's quixotic suit against her divorce lawyers than her (allegedly) not knowing that divorce ends a marriage. The truth probably wouldn't be nearly as amusing; newspapers -- and bloggers -- probably wouldn't be nearly as interested.

But there is a cautionary tale in here for lawyers generally: Clients come to us and tell us what they think they want. Our job isn't just to give them what they ask for, assuming that we can, but to ascertain what they may really want and need. That might not be what they asked for at all. On the Illinois license it says we are attorneys and counselors. Often, we need to be both.