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LAYTON -- A Layton woman wants to sue her former divorce attorney for malpractice, but claims she can't get another attorney to take the case because she can't prove he carries malpractice insurance.
In the meantime, Kelly Lambright says she's facing homelessness after spending every penny she has trying to pay for an expensive divorce, twice.
"I did get a lump sum of $10,000 and that all went to my second attorney to clean up the mess from the first attorney," Lambright said.
She filed a complaint with the Utah State Bar detailing her concerns with how attorney, David Black, represented her.
"My attorney never prepared with me before any case. He completely ignored me for seven months, emails and phone calls," she said.
My attorney never prepared with me before any case. He completely ignored me for seven months, emails and phone calls.
–Kelly Lambright
During that time, Lambright's husband was awarded the house in the divorce and she was saddled with a misdemeanor criminal charge after defending herself, she says, from an abusive husband.
"I've never been charged with anything in my entire life. But I was charged with breaking my own window where I lived because my husband was disconnecting the battery in my car," Lambright said. "My attorney did not prepare for this case at all. We could have won it."
Lambright eventually fired Black as her attorney.
"He took my money and completely threw me under the bus," she said.
Earlier this year, she filed a complaint with the Utah State Bar's Office of Professional Conduct.
In October, the Discipline Committee voted to issue a public reprimand to Black that which will be made public next month.
In the meantime, Lambright's attempt at hiring an attorney to sue Black for malpractice has stalled.
"I can't get a malpractice attorney to take my case until I can prove that this attorney has malpractice insurance," she said.
According to the legal reform organization HALT, Oregon requires its attorneys to carry malpractice insurance but many states don't.
And only a handful of states, such as Alaska, California, South Dakota, Ohio, and New Hampshire, require attorneys to disclose to their clients if they do not carry malpractice insurance.
Utah does not require its attorneys to carry malpractice insurance or disclose to clients whether they have it or not.
"Unfortunately, people in this state are not protected. I had no idea," Lambright said. "I'd like to get this law passed so that this doesn't happen to somebody else in my position."
KSL did speak with David Black by telephone who declined a request for an interview.
He did tell us, though, he does carry malpractice insurance. Black also said he would return Lambright's money if she won a court case against him.
KSL also spoke with the executive director of the Utah State Bar, John Baldwin, who says he is comfortable with the current law and encourages all attorneys to carry malpractice insurance.
Email: lprichard@ksl.com
