QUESTION
Can I sue an attorney for failure to communicate?
Asked on Nov 18th, 2013 on Criminal Law - Michigan
More details to this question:
My lawyer would never answer my calls or call me back and as a result I missed a court date and was arrested. Do I have the right to sue for legal malpractice?
9 ANSWERS
John J. Carney
Every time you go to court the judge gives you a new court date and that is your responsibility to know it and appear. Your lawyer may be a public defender or retained. Public defenders seldom return calls and will only talk to you in court as they have hundreds of clients. You cannot sue your lawyer and I doubt that it was all his fault. You should be responsible and make your court dates or you will get a bench warrant. Not everything that happens that you do not like will give you the right to sue for money. You have to call more often, go to his office, or retain private counsel that will return your calls.
Answered on Dec 03rd, 2013 at 8:59 AM
James Edward Smith
Yes, if you can find another attorney to take that case.
Answered on Nov 19th, 2013 at 4:25 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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If you can show that the refusal to communicate caused you to be arrested, then you have a legitimate claim.
Answered on Nov 19th, 2013 at 12:47 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Maybe. I would need a lot more information about your case.
Answered on Nov 19th, 2013 at 12:46 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Perhaps. Did you pay the agreed fee? Was the representation dependent on your paying the fee? If you did, I suggest you first file a complaint with the Bar association. If the Bar finds there is a breach of ethics, then you have a much stronger malpractice case.
Answered on Nov 19th, 2013 at 12:46 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Yes you can. It might be a good idea to find out why he did not return your calls. He may have an answer different from yours. Did you pay him in full.
Answered on Nov 19th, 2013 at 12:46 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You could or file a grievance against him at the State Bar. That would also be a good excuse to present to the judge so you would not be punished for failing to appear.
Answered on Nov 19th, 2013 at 12:45 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You'll never be able to prove it.
Answered on Nov 19th, 2013 at 12:45 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Perhaps, see a different attorney with the details.
Answered on Nov 19th, 2013 at 12:45 PM