QUESTION
What happens if your attorney sign for your court date documentation then has misplaced it causing you to miss a court appearance?
Asked on Sep 08th, 2012 on Personal Injury - Georgia
More details to this question:
My brother has never been in trouble with the law before. He was issued a court date and his attorney has signed for the papers from the court and "lost" them when changing offices. They then issued a warrant for FTA and he is sitting in jail for his first time ever. How can his attorney not be penalized for this?
13 ANSWERS
Motor Vehicle Accidents Attorney serving Lincoln, NE
at
Lapin Law Offices
Update Your Profile
As to your first question ("What happens if your attorney sign for your court date documentation then has misplaced it causing you to miss a court appearance?") that is outside of the scope of "Injury" Category you selected when asking your question. I would suggest re-asking that question and select "Criminal" and "Criminal Defense" as the Categories. For your second question ("How can his attorney not be penalized for this?") your brother can file a "grievance" against the attorney with the Nebraska Counsel for Discipline's office. They would investigate and determine whether his attorney violated any of the rules of Rules of Professional Conduct. If they determine that he did, and after additional proceedings, the attorney can be disciplined, which could range from a private reprimand to disbarment. In addition, your brother may have a legal malpractice case against the attorney if he can show that but for the attorney not informing him about the court date he would not have gone to jail. There are a couple of other things your brother would have to prove but that is one of the main elements.
Answered on Sep 16th, 2012 at 6:07 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
at
Bulman Law Associates PLLC
Update Your Profile
What really happened? Your brother will get credit for time served when he eventually pleads guilty. Did he lose his job? If he did, tell him not to pay his attorney.
Answered on Sep 16th, 2012 at 6:06 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Have you asked the attorney to deal with the issue. Does he agree it was his fault or does he have another point of view (I suspect he does)) talk to him. If you are sure it is his fault report it to the bar grievance committee if he refuses to help
Answered on Sep 16th, 2012 at 6:06 PM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
It depends on what you mean by "penalized'. The penalty for this type of action is a disgruntled client, which most attorneys try to avoid. The attorney will not be fined or put in jail. Hopefully, the attorney can convince the proper authorities to lift the bench warrant.
Answered on Sep 16th, 2012 at 6:06 PM
REPORT attorney to the MI State Bar. You can also SUE attorney.
Answered on Sep 16th, 2012 at 2:58 PM
Civil Litigation Attorney serving Aptos, CA
at
Richard E. Damon, P.C.
Update Your Profile
Usually if the attorney takes the blame, the problem will be cured.
Answered on Sep 16th, 2012 at 2:36 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
The lawyer is your brother's legal representative, not his baby-sitter. Your brother was and is responsible for showing up in court. When he made his initial appearance, he was notified of the return date. If he was unsure as to when to call back, he should have called his lawyer and if the lawyer didn't know, call the court.
Answered on Sep 16th, 2012 at 2:14 PM
Arbitration & Mediation Attorney serving Ann Arbor, MI
at
Blaske and Blaske PLC
Update Your Profile
Your brother may have a legal malpractice case against his attorney, assuming the reason your brother missed the court appearance was because of his lawyer's failure to notify him of the court appearance and that your brother is in jail because of his failure to attend the hearing. I regularly handle legal malpractice cases and am willing to talk to you or your brother if you'd like, but I'll count on you or him to make that contact. Note that the statute of limitations on your brother's claim against his attorney expires two years from the date the lawyer discontinues serving your client as to the matters out of which the malpractice arose or six months from the date your brother discovered or should have discovered the possibility of a claim. You don't say when this happened or when the lawyer discontinued serving your brother, so I'll count on you to pass this information on to your brother and to urge him to act immediately to contact an attorney if he wants to pursue the matter further.
Answered on Sep 16th, 2012 at 1:55 PM
Thomas Edward Gates
You can have the attorney contact the court about his error. You also may file a Bar complaint for his loss of the documents and failure to provide the appearance date. The attorney could have contacted the court to get this date.
Answered on Sep 16th, 2012 at 1:27 PM
Workers Compensation Law Attorney serving Sacramento, CA
at
Ernest Krause Attorney at Law
Update Your Profile
The attorney must get a court date for your brother immediately. He should bail your brother out. If your brother wants to "get at" the attorney some more he should tell the attorney he will pursue a malpractice claim and notify the State Bar. A malpractice claim might be settled for an amount.
Answered on Sep 16th, 2012 at 1:08 PM
Ronald A. Steinberg
The lawyer is responsible. Tell the lawyer to fix it, by taking full responsibility for failing to advise your brother, or get another lawyer to fix it and then sue the lawyer that screwed up.
Answered on Sep 16th, 2012 at 12:34 PM
Depending on the facts, he may have a valid claim against this attorney for malpractice. He may report the attorney to the state Bar Association for possible discipline. In Massachusetts this would be the Board of Bar Overseers. He may also file suit against the attorney for malpractice. He, or you on his behalf, should consult with an attorney who handles legal malpractice cases.
Answered on Sep 14th, 2012 at 11:48 PM
In situations such as yours, it would be wise to make sure that you have all of the facts from a source other than the person in jail. Then if it appears that the attorney was at fault, contact an attorney to discuss whether the acts of the attorney may be malpractice.
Answered on Sep 14th, 2012 at 11:31 PM