St. Denis & Davey, P.A.

Legal Malpractice Issues

Firm sued for failing to notify court of attorney change

| Dec 29, 2018 | Legal Malpractice Law |

Legal matters can often move at a glacial place, yet that may be by design. After all, given all that is at stake, Florida residents want to ensure that those representing them have all the time needed to research and prepare for their cases. The consequence to this may be a time commitment that can last months or even years. A lot can happen in such an extended time frame, including seeing one’s attorney excuse themselves from a case in order to relocate to another firm. If such a change happens, very detailed instructions are given as to the method of transferring representation. 

One expects that the firm representing them understands what those steps are, and would take great care in following them. Yet a recent legal malpractice lawsuit filed by a Texas woman claims that did not happen in her case. Indeed, she alleges that after the lawyer representing her left the firm, its representatives did not notify the court hearing her case of this change. She also claims that the firm never informed the court that a new attorney was handling her case and that any information regarding new rulings should be sent to him. What resulted was the court sending details regarding her case to an email address that was no longer being monitored, and that the motion filed by the firm for an extension after it has discovered its error was later rejected. 

In many cases involving actions against attorneys, it is errors regarding seemingly small details such as this that give rise to disputes. Clients expect such details to be seen to, and may be justly upset when they are not. Those needing assistance in seeking action following such an oversight may find it in the form of a professional malpractice attorney.