The short answer is: not necessarily. Without a doubt, it is a serious error. But in the eyes of the law, a mistake does not always mean that malpractice is involved. To recover damages, a plaintiff must prove that the error actually changed the outcome of their life.
The “but for” causation rule
In New York, one of the biggest challenges in a malpractice case is proving causation. And showing that a lawyer missed a deadline is not enough evidence. A plaintiff must prove that “but for” the attorney’s negligence, they would have prevailed in their legal process. If their original case lacked evidence or if it did not have strong legal arguments, the court may rule that it would have lost even with missed deadlines.
It is important to add that, in this context, a plaintiff has to prove the case-within-a-case. In this scenario, not only the plaintiff has to convince the judge that they had sufficient evidence and elements to win their underlying case, but also they must re-litigate those facts within the context of their malpractice claim.
Actual and ascertainable damages
New York courts do not award damages for emotional distress or for an hypothetical positive outcome in most legal malpractice cases. A plaintiff needs to prove that they suffered actual and measurable financial loss. For example, if there was a missed deadline that resulted in a case dismissal, but the plaintiff was able to refile or even settle for the same amount of damages, there is no viable malpractice claim as legally there are no damages to recover.
Everyone can make mistakes, and lawyers are no exception to the rule. However, they should possess skills and knowledge commonly found in members of the legal profession. When they miss a clear deadline they are breaching this standard. If you have been affected by a legal error or omission, you can consult another lawyer so they can give you alternatives based on your case.