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

Missed court dates could be a sign of incompetence

On Behalf of | Oct 27, 2021 | Legal Malpractice

If there is one thing that can truly derail your case, it’s having an attorney who is not invested in it. When they get so busy that they are caught up in other cases or they set yours aside, many things can go wrong.

One of the issues that can be a major red flag is poor communication. If an attorney doesn’t communicate with you, then you won’t know what to expect. This is particularly harmful if the attorney doesn’t show up to your court date because they didn’t communicate that they were busy or take the time to request a different date and time for the appearance.

Failing to come to a court hearing is a big problem

Failing to arrive on time to a court hearing is a major problem that you should not have to deal with. If you’re present and accounted for, then your attorney should be, too.

It is usually poor planning and miscommunication at the core of missed court dates, but there is a potential that your attorney could simply be incompetent or not care about your case. The court may be willing to set a new court date for you if your attorney doesn’t arrive, but you should learn from that situation. Firing your attorney is completely reasonable under the circumstances if they cannot give you an excellent reason for not being there.

The only kinds of excuses that are appropriate may include being involved in a serious collision, being hospitalized, dealing with a medical emergency in the family or other significant events. If your attorney has no cause for missing the court date, then it’s within your rights to file a complaint against the attorney.

You deserve the right support during your case

You do deserve support as you deal with your case. Not being able to rely on your attorney is unacceptable. If your attorney doesn’t come to appointments on time or fails to make it to court, then you should look into firing your attorney and working with one who can help you with your case. If your case is ruined because of your attorney’s incompetence, then you may have a legal malpractice claim.