St. Denis & Davey, P.A.

Legal Malpractice Issues

Legal malpractice lawsuit against attorney

| Dec 6, 2019 | Legal Malpractice Law |

People in Florida whose attorneys are negligent in their representation may be able to file a lawsuit against them. In New Mexico, an attorney has been accused of negligence, breach of contract and legal malpractice. This is the second order for probation for him in two years from the New Mexico Supreme Court Disciplinary Board. The attorney admitted to failing to represent clients diligently and failing to provide competent representation among other issues.

According to the plaintiff, who filed a complaint on Nov. 7, he had gone to the attorney about a claim of excessive incarceration, but the attorney did not file a complaint until after the two-year statute of limitations. The attorney says he told the plaintiff it was too late.

The attorney is facing another lawsuit from a man who hired him regarding medical negligence in California. In that case, the plaintiff says the attorney’s lack of understanding of the statute of limitations led to losing the case. There are additional claims against the attorney as well. He reportedly did not appear in court at all half a dozen times, and he was late twice. In January 2018, the state disciplinary board placed him on probation for a year. On Aug. 12, 2019, a suspension was deferred on the grounds that certain conditions were met.

A person who believes an attorney has acted negligently may want to consult another attorney to discuss legal malpractice law and what their options are. Missing a statute of limitations is a common reason for a legal malpractice lawsuit. Other reasons could include mistakes made during the trial or a conflict of interest. As is the case with other types of malpractice, the legal system recognizes that a client will not always have a satisfactory outcome. However, an attorney should perform to a reasonable professional standard.