Wednesday, August 18, 2010

Legal Malpractice for Withdrawing the Case

There are many reasons for a lawyer to withdraw a client’s case from the court system. Usually, the withdrawal occurs after a settlement agreement has been reached and the releases have been executed, and signifies an end to litigation.

A lawyer may also withdraw from representation of a client. This may occur for any number of reasons including an inability to work together or a client’s selection of another lawyer to handle the case. In these situations, replacement counsel files an appearance in the case and the pervious lawyer will be withdrawn from the case.

Neither of these first two examples would be a basis for a legal malpractice claim. However, if a lawyer files a withdrawal of a case that is in suit, without first advising the client, the client may be unable to revive the lawsuit and the client may have a legal malpractice claim against their lawyer. If the client is unaware that this withdrawal has been filed, he or she will not be aware that they need to seek alternate representation and this lapse in time could lead to many additional issues with their case, including missing deadlines with the Court or inability to maintain a claim.

If your case is in suit, and you are unsure of its status, contact your lawyer or look your case up online at http://civilinquiry.jud.ct.gov/.

The experienced attorneys at Stanger & Arnold, LLP have provided skilled legal malpractice representation for clients throughout Connecticut. Contact our firm today to schedule a confidential consultation with one of our experienced attorney negligence lawyers.

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