Schwartz & Ponterio, PLLC holds lawyers responsible for legal malpractice.

Can procrastination lead to legal malpractice?

On Behalf of | Mar 4, 2021 | Legal Malpractice

When you hire an attorney to represent you in New York, you expect them to organize the facts of your case efficiently so the rest of the process can follow. Finding out that your case cannot proceed because it did not meet requirements, deadlines or expectations can compromise your resources and waste your time.

Legal professionals must work quickly without compromising their integrity or your trust. Finding an attorney who understands and honors the statute of limitations can give you reassurance that your case will not fall apart because of missed deadlines.

Statute of limitations

The implementation of a statute of limitations protects everyone involved in a legal case. According to the New York State Unified Court System, the time you have to file a claim depends on the type of claim. However, most legal matters allow you one year to file your case. If the statute of limitations passes and your case is not filed on time, any defendants named in your case can legally request dismissal.

You should work continuously with your attorney to verify that your case will meet all legal requirements. Request that your legal representative follow up with you after significant action so you can record the progress for your own records. You can also collaborate with your attorney to identify a timeline to encourage accountability from each other.

Your rights

If you lose the opportunity to get compensation because your attorney procrastinates and misses deadlines, you can claim legal malpractice. Maintain a timeline of events and document how inefficient action ultimately cost you the chance to present your case. You also have the right to sue for compensatory damages to alleviate some of the emotional and financial strain of the whole situation.