Lawsuits Against Unresponsive Or Incompetent Attorneys
We often hear that a case or claim was dismissed on a “technicality.” Chances are, what really happened was a lawyer failed to comply with legal requirements and caused the case to be lost. It is your attorney’s duty to be aware of all the technical legal requirements and to ensure that your case does not fall through the cracks.
Sometimes, it can be difficult to articulate what went wrong with a case. A client may know that somehow, the attorney did not perform his or her due diligence but may not have the legal knowledge to say specifically what the attorney did that constituted legal malpractice. These situations are often very complicated, and it may be difficult for the client to determine what actually happened.
At Schwartz & Ponterio, PLLC, we have spent years prosecuting and defending many legal malpractice cases. We have the experience necessary to help you figure out what happened with your case and to determine if there is a basis for bringing a claim for legal malpractice. We can meet with you, free of charge, to discuss your case and help you understand what happened in your prior case. We can help you decide whether you should bring a claim for legal malpractice. We are committed to gaining the trust of people who have been mistreated by other lawyers.
Actions Committed By Incompetent Counsel
What constitutes an “unresponsive and incompetent attorney” encompasses a wide range of actions that can result in legal malpractice claims. We divide this larger category into two broad sub-categories:
- Incompetence: Some attorneys fail to do the basic things necessary for a successful lawsuit. For example, they may fail to show up in court at all, or they may fail to undertake the necessary discovery, which is the process of gathering information through depositions, witnesses, the acquisition of documents, examinations of the scene, etc.
- Lack of communication: Attorneys can make terrible mistakes when they fail to tell a client what is going on in a case. Your attorney is acting as a conduit between you and the legal system. If the attorney does not communicate well, he or she will not ask the right questions, will not give the client information that can help, and will not tell them important facts about the case. This can have disastrous consequences.
Keep in mind that you can only file a legal malpractice lawsuit once the original case is dismissed. Unfortunately, many guilty lawyers know this and take advantage of this fact. They may realize that they made a crucial mistake and then drag their feet on the case in an effort to avoid liability. If you suspect that this has happened in your case, you should seek new counsel immediately.
Even if you cannot file a claim of legal malpractice, the lawyers of Schwartz & Ponterio, PLLC, can help. We can take over the case or refer it elsewhere to make sure that it will proceed.